Mutual and Mirror Wills Writing Service

Mirror Wills and Mutual Wills are two types of wills sometimes created by couples. If you and your partner decide to draft your wills at the same time, you may wish to make sure that your joint wishes are reflected in both wills.

If you and your spouse are planning for a time when one or both of you are gone, you may wonder what’s the best way to create wills that reflect your wishes and safeguard your assets for the benefit of future generations of your family.

Mirror Wills and Mutual Wills are two ways you and your partner can ensure that the wishes you share for each other, and any children you have, are carried out in the event of your death.

At Rowlinsons our will, trusts, and estate planning solicitors help married couples and long-term committed partners create their wills together.  We can guide you step-by-step through the process of drafting your wills including advice on providing for each other on the first death, and how to ensure your loved ones are provided for after you have both passed away.  This can also include advice on setting up trusts in your wills.

Careful advice helps to ensure that the surviving spouse is taken care of after the first death whilst minimising the risk of future issues for your loved ones and maximising provisions for your ultimate beneficiaries.  

You’ll get straightforward expert legal advice from an award-winning full-service firm. Our expertise has gained us the Excellence in Private Client Award from the National Law Society in 2018. Rowlinsons Solicitors was also awarded Highly Commended in the Boutique Private Client Team of the Year category at the British Wills and Probate Awards 2023.

Our team includes some of the most prominent and renowned Wills, Trusts, and Estate Planning Solicitors in Cheshire who are members of STEP (the Society of Trust and Estate Practitioners) further highlighting our specialism in this area of law.

Get in touch with Rowlinsons today for more information on how we can help you create your will and set up a trust in a will.

What are mirror wills?

Mirror wills are wills that two individuals draw up together that are essentially the same legal document. If two people – usually a married or long-term committed couple - have practically the same wishes for their estate after they die, they can each make a will that mirrors the other. Usually they are almost identical, with few differences in the content. It is important to note that with mirror wills either party is free to change his or her will at any time, without the other’s knowledge.

Mirror Wills are generally cost effective as it is usually more efficient to draft one will and make a copy with some minor adjustments than it is to draft two completely separate legal documents. Mirror wills might be suitable for couples who own the same things and don’t have significant other assets in their separate names.

It is important to note that you can change a mirror will whenever you like, and you don’t need the other party’s permission. They can even be changed after the death of the other party because there are no obligations binding them.

What is a mutual will?

A mutual will is when two people draft their wills at the same time, but also make them legally binding on each other. They would usually be mirror wills but could be completely different documents. In essence, both parties each make a will and at the same time they enter into a legally binding agreement not to change it in the future unless both parties agree to it.

Typically, the couple agrees to provide for one another after the first person passes away and stipulates what happens to the estate after the second death. When the first person dies, the assets they inherit form part of a trust to safeguard them for the couple’s ultimate beneficiaries.

If the surviving party tries to change the distribution of the estate the law of equity will step in and prevent them from doing so by imposing a constructive trust over the estate to ensure the original terms of the mutual will are upheld. This means the other party must carry out the deceased’s intentions as set out in the mutually agreed will.

Historically, mutual wills were used to prevent a widow from disinheriting children from the first marriage in favour of a new spouse or subsequent children.

Whilst Mutual Wills can initially seem like an ideal solution to ensuring that the joint wishes of a couple at the time of making the wills are upheld, in reality they are uncommon, and we do not usually recommend their use. They can often lead to complications and disputes between family members, and they do not allow for changing circumstances after the first party has passed away.  Generally speaking, the use of carefully drafted trusts within the wills of couples gives greater clarity and control with much less opportunity for dispute.