Wills: do you offer 'mirror wills'?

Why don't we offer mirror wills?

Historically, mirror wills have been a popular choice for couples, largely because they're simple and cheap to set up particularly in the days before online wills. But mirror wills carry some significant risks under the law of England and Wales that make them problematic in practice. That's why we do not provide mirror wills at adeus, all of our wills are individual to avoid some of the key issues detailed below.

Key problems with mirror wills:

They can be changed at any time without notice

A mirror will is simply two separate, individual wills that reflect each other. They are not legally binding on one another. This means that after one partner dies, the surviving partner is entirely free to rewrite their Will, potentially cutting out children, stepchildren, or other intended beneficiaries without any obligation to inform them. There is no legal mechanism to prevent this under current law.

They offer no protection in blended family situations

This is where mirror wills most commonly fail. If a couple leaves everything to each other and then to their children, but the survivor remarries, the new marriage automatically revokes the surviving partner's Will entirely under the Wills Act 1837. The estate could then pass under intestacy rules or a new will favouring the new spouse, leaving children from the first relationship with nothing.

They offer no protection against remarriage or new relationships

As noted above, remarriage revokes a will automatically. The surviving partner has no obligation to make a new Will that mirrors the original intentions, and there is no trust structure in place to ring-fence assets.

They give no control over how assets are ultimately distributed

Because the survivor takes full, unrestricted ownership, they can spend, gift, or otherwise dispose of assets as they wish. There is no guarantee that what was intended for the next generation ever reaches them.