Wills & Estate Planning14 June 2026 · 13 min read

Mirror Wills and Remarriage UK 2026: Sideways Disinheritance Risk, What Happens When the Survivor Remarries, and How to Protect Your Children

Mirror wills are two separate wills — not a binding agreement. The surviving spouse is free to change their will after the first death, or allow it to be revoked by remarriage (s18 Wills Act 1837). Children of the first marriage can lose their expected inheritance. A life interest trust will prevents this.

Mirror Wills Are NOT Binding on the Survivor — Remarriage Automatically Revokes the Mirror Will

THE RISK: on the first death, the survivor's mirror will is their document alone — free to change or revoke. REMARRIAGE: s18 Wills Act 1837 — new marriage automatically revokes any existing will (including a mirror will). Survivor dies without a valid will → intestacy → new spouse inherits the statutory legacy + half the residue. Children of the first marriage lose a significant portion of their expected inheritance. SOLUTION: life interest trust will — estate held on trust for the survivor for life, capital passes to children on survivor's death. Trust assets cannot pass to a new spouse. Alternative: property protection trust (home only) or nil-rate band discretionary trust (£325k ring-fenced). Mutual wills (binding agreement not to revoke) are technically possible but not recommended — rigid, frequently litigated, uncertain in scope. Consult a solicitor for trust wills.

Topic	Rules / How It Works	Example	Practical Guidance
What mirror wills are and their core weakness	MIRROR WILLS — DEFINITION AND WEAKNESS: mirror wills are two separate wills made by a couple with matching (but not identical) terms — typically: each leaves everything to the other if they survive; if the other spouse has already died, the estate passes to their children (or other named beneficiaries) in equal shares. Mirror wills are common for married couples and civil partners with straightforward estates. CORE WEAKNESS — THEY ARE NOT BINDING: mirror wills are two separate legal documents. Once the first spouse dies, the survivor's will is entirely their own — they are free to change it, revoke it, or allow it to be revoked by remarriage. There is no legal obligation on the survivor to maintain the provisions of the mirror will. The survivor can: (1) revoke the mirror will and make an entirely new will leaving everything to a new partner, new beneficiaries, or charities; (2) do nothing — allowing the mirror will to be automatically revoked by a subsequent marriage (s18 Wills Act 1837); (3) make a codicil changing beneficiaries. The children of the first marriage have NO legal right to enforce the mirror will after the first death. The mirror will gave them an expectation — but no enforceable right. This is the sideways disinheritance mechanism: the estate passes sideways to a new spouse or new family, rather than down to the original children.	EXAMPLE — SIDEWAYS DISINHERITANCE IN ACTION: David and Angela make mirror wills in 2018 — each leaving everything to the other, then equally to their two children Ben and Claire. David dies in 2022. Angela inherits the entire estate (house worth £450k, savings £120k). Angela's mirror will leaves everything to Ben and Claire equally. In 2024, Angela meets Robert and they marry. WHAT HAPPENS: the marriage automatically revokes Angela's existing mirror will (s18 Wills Act 1837 — will revoked by subsequent marriage). Angela has not made a new will after marrying Robert. Angela dies in 2026 without a will. Under intestacy rules: Angela's estate (£570k) passes to Robert (as surviving spouse) — statutory legacy £322k + half the residue of £248k = £446k. The remainder (£124k) splits to Ben and Claire (£62k each). The children received 11% each of the estate instead of 50% each — and Robert (who was only married to Angela for 2 years) received 78% of an estate Angela inherited from their father. IMPACT: £248k of the children's expected inheritance diverted to Robert.	WHY THIS RISK IS UNDERESTIMATED: most couples making mirror wills do not consider what happens after the first death. The mirror will scenario works perfectly if: (a) the survivor never remarries; (b) the survivor does not change their will; and (c) the survivor dies before they need long-term care (care home fees could deplete the estate even without remarriage). In practice — especially where the first death occurs at a relatively young age — remarriage is common. OECD data: approximately 20% of widows and 30% of widowers in England and Wales remarry within 5 years. For couples in their 50s or 60s at the time of the first death, the probability is higher. The problem disproportionately affects blended families (where David and Angela may have children from previous relationships — Ben and Claire may be David's children only, not Angela's). WHEN MIRROR WILLS ARE ADEQUATE: mirror wills are appropriate where: (a) the couple have only joint children and no children from prior relationships; (b) remarriage after the first death is unlikely (both spouses are elderly and frail); (c) the combined estate is modest (below IHT thresholds and care home fee risk is limited); (d) the surviving spouse's freedom to change their will is understood and accepted. WHERE MIRROR WILLS ARE INADEQUATE: blended families; any situation where children's inheritance must be protected; where the couple met later in life and each brought separate assets; where the estate is large enough for IHT planning to be needed in the will.
Remarriage revokes the survivor's will — s18 Wills Act 1837	REVOCATION BY MARRIAGE — s18 WILLS ACT 1837: in England and Wales, marriage or civil partnership automatically revokes any existing will made before the marriage. This is one of the most important — and least known — provisions of wills law. APPLICATION TO MIRROR WILLS: when a surviving spouse with a mirror will remarries, the new marriage automatically revokes the mirror will they made with their first spouse. Unless the surviving spouse makes a new will after the remarriage, they die intestate. EXCEPTION — WILL MADE 'IN CONTEMPLATION OF' MARRIAGE: a will is NOT revoked by a subsequent marriage if it was made 'in contemplation of' that specific marriage and states this on the face of the will (s18(3) Wills Act 1837). This exception is designed for engaged couples who make wills before a planned wedding. It does NOT protect a pre-existing mirror will: the mirror will was made in contemplation of the existing marriage — not the new marriage. DIVORCE DOES NOT REVOKE THE WILL: divorce (specifically the decree absolute becoming final) does NOT revoke a will — it treats the former spouse as if they had died immediately before the testator for will purposes (s18A Wills Act 1837). Gifts to the former spouse lapse; appointments of the former spouse as executor lapse. But the rest of the will stands — potentially leaving large gifts with no beneficiary if the former spouse was the only residuary beneficiary. After divorce: always make a new will. INTERACTION WITH INTESTACY: on remarriage followed by death without a new will, the estate passes under the intestacy rules. The new spouse inherits: statutory legacy (£322k in 2024, indexed) + half the residue. Children of the first marriage share the other half of the residue — substantially less than the full estate they would have received under the mirror will.	EXAMPLE — REMARRIAGE AFTER MIRROR WILL: Susan (age 58) and her late husband Peter made mirror wills leaving everything to each other, then equally to their three adult children Anna, Tom, and Liz. Peter died in 2020. Susan inherited the full estate (house £500k, investments £200k = £700k). In 2023, Susan remarried Edward. Susan did not update her will after the marriage. Susan dies in 2025. RESULT: Susan's mirror will (made with Peter) is automatically revoked by her 2023 marriage to Edward. Susan died intestate. Under intestacy: Edward (surviving spouse) receives statutory legacy £322k + half of the remaining £378k residue = £511k. Anna, Tom, and Liz share the remaining £189k equally: £63k each. The children received 9% each of an estate largely funded by their father's contributions — compared to the one-third each they expected under the mirror will. WHAT SUSAN SHOULD HAVE DONE: after marrying Edward, Susan should have made a new will immediately — deciding how to balance Edward's needs during his lifetime with her children's inheritances. A life interest trust would have allowed Edward to use the estate (or income from it) during his lifetime, with the capital passing to Anna, Tom, and Liz on Edward's death.	PRACTICAL STEPS AFTER THE FIRST DEATH — FOR THE SURVIVING SPOUSE: (1) REVIEW THE MIRROR WILL IMMEDIATELY: the mirror will now operates as your single will — reflect on whether it still represents your wishes. If you have changed or may change your life circumstances (new relationship, care needs, changed family dynamics), consult a solicitor. (2) IF REMARRIAGE IS PLANNED: make a new will BEFORE the remarriage (using the 'in contemplation of marriage' wording in s18(3)) OR make a new will immediately AFTER the marriage. Either approach prevents the sideways disinheritance risk. A new will made 'in contemplation of' the marriage can protect children before the new marriage occurs. (3) CONSIDER A LIFE INTEREST TRUST: if you want to balance the new spouse's security with your children's inheritance, a life interest trust is the most common solution — the new spouse has the right to live in the property and receive income during their lifetime; on the new spouse's death, the capital passes to your children. This requires a professionally drafted will — a DIY approach is risky for trust arrangements. (4) INFORM YOUR CHILDREN: if you are making a new will that differs significantly from the original mirror will, consider discussing this with your children. While you are not legally obliged to maintain the mirror will provisions, transparency can avoid disputes and contested will proceedings under the Inheritance (Provision for Family and Dependants) Act 1975.
Solutions — life interest trusts and property protection trusts	PROTECTING CHILDREN'S INHERITANCE FROM SIDEWAYS DISINHERITANCE — SOLUTIONS: the most effective protection against sideways disinheritance for couples with children is to include a trust structure in the first-death will. THREE MAIN APPROACHES: (1) LIFE INTEREST (IPDI) TRUST — WHOLE ESTATE: on the first death, the entire estate passes into a life interest trust. The surviving spouse is the life tenant — they receive all income from the trust assets and (if the trust allows) may be able to use capital for reasonable living expenses. The trust capital is held for the remainder beneficiaries (the children) who inherit on the life tenant's (surviving spouse's) death. Key feature: the trust assets do NOT form part of the surviving spouse's estate — they cannot pass the trust capital to a new spouse or under their own will. On remarriage: the new spouse has no claim on the trust capital. On the surviving spouse's death: trust capital passes to the children as originally intended. TAX IMPACT: a life interest trust created by the first death will is an 'immediate post-death interest' (IPDI — Taxation of Chargeable Gains Act 1992 s62; IHTA 1984 s49A). The trust assets are treated as part of the surviving spouse's estate for IHT — so the spouse exemption applies on the first death and the trust value is counted in the survivor's estate on second death (qualifying for spouse's NRB and RNRB if applicable). (2) PROPERTY PROTECTION TRUST — HOME ONLY: the family home only is placed into a life interest trust on the first death. The rest of the estate passes outright to the surviving spouse (no restriction). The surviving spouse can live in the house as life tenant. On the survivor's death (or earlier sale and downsize), the house value passes to the children. (3) NRB DISCRETIONARY WILL TRUST: assets up to the nil-rate band (£325k) pass into a discretionary trust on the first death — ring-fencing those assets for the children immediately. The remainder of the estate passes outright to the surviving spouse. The discretionary trust assets are not at risk from the survivor's remarriage or care home means-testing.	EXAMPLE — LIFE INTEREST TRUST PREVENTING SIDEWAYS DISINHERITANCE: David and Angela have three children (Ben, Claire, Dan) all from their marriage. They are concerned that if one of them dies first and the other remarries, the children may lose their inheritance. Their solicitor drafts wills with a full estate life interest trust: each will leaves the entire estate to the other on life interest trust (the surviving spouse receives all income and may access capital with trustee consent). Trustees are: the surviving spouse + a solicitor. Capital goes to Ben, Claire, and Dan in equal shares on the survivor's death. WHAT HAPPENS ON DAVID'S DEATH: David's estate (house £300k, investments £100k) passes into the trust. Angela is life tenant — she receives the income and can remain in the house. If Angela remarries, her new husband Robert has no access to the trust assets. Angela can enjoy the income from the trust but cannot give the capital to Robert. On Angela's death, the trust assets (£400k capital, less any capital withdrawals) pass to Ben, Claire, and Dan in equal shares. ROBERT'S POSITION: Robert inherits only Angela's personal assets accumulated after David's death (new savings, salary contributions, gifts from Angela) — not the trust capital. The children's inheritance is protected. ALTERNATIVE — PROPERTY PROTECTION TRUST ONLY: if David and Angela only want to protect the house (leaving other assets to Angela outright), a property protection trust achieves this at lower cost and complexity — the house goes into trust on the first death; all other assets pass to Angela outright.	COST AND COMPLEXITY OF TRUST WILLS: life interest trust wills and property protection trust wills must be professionally drafted by a solicitor — not suitable for DIY will kits. Approximate costs (2026): property protection trust wills (couple): £800-£1,500. Full estate life interest trust wills (couple): £1,200-£2,500. WHAT TO CONSIDER WHEN CHOOSING: (a) The SURVIVING SPOUSE'S SECURITY: a life interest trust restricts the survivor's access to capital — they receive income only (unless trustees agree to capital advances). This may not be appropriate for a spouse who needs access to capital for unexpected care costs or major life changes. Consider whether the trustees can make capital advances and on what terms. (b) THE CHILDREN'S AGES AND RELATIONSHIP WITH THE SURVIVING SPOUSE: if the surviving spouse is the children's own parent (not a step-parent), a life interest trust may feel like unnecessary distrust. Discuss the issue openly. (c) IHT IMPACT: a property protection trust (PPT) does NOT save IHT — the trust value is still treated as the surviving spouse's estate for IHT (IPDI). It protects against remarriage/care home risk but does not reduce the IHT bill. For IHT planning, separate advice is needed. (d) CARE HOME MEANS-TESTING: if the surviving spouse goes into care, a PPT or life interest trust prevents the trust assets from being counted in the means-tested assessment (the house in the PPT is not in the survivor's estate). However, the surviving spouse's own capital (assets outside the trust) is still means-tested. (e) ALTERNATIVES — COHABITATION AGREEMENTS: for couples who are not married, cohabitation agreements can provide some protection — but they are not as robust as trust wills for inheritance purposes.
Mutual wills — legally binding but rarely advisable	MUTUAL WILLS — BINDING AGREEMENT NOT TO REVOKE: mutual wills are wills made by two people under an agreement that neither will revoke their will without the other's consent — and after the first death, the surviving person cannot revoke their will at all. This is the legally enforceable version of what most people think mirror wills are. LEGAL MECHANISM: the Court of Appeal confirmed in Fry v Densham-Smith [2010] that mutual wills create a constructive trust on the first death — the surviving person holds the estate on trust for the agreed beneficiaries and cannot defeat the trust by revoking their will. The trust crystallises on the first death — the survivor's estate (and any after-acquired assets) is bound for the agreed beneficiaries. DISTINCTION FROM MIRROR WILLS: mirror wills = two separate wills with matching terms — no binding agreement. Either party can revoke at any time. Mutual wills = wills made under a legally enforceable agreement. The surviving party is bound after the first death. REQUIREMENTS TO ESTABLISH MUTUAL WILLS: (a) SEPARATE AGREEMENT NOT TO REVOKE: it is not enough to make matching wills — there must be a separate, clear agreement between the parties that neither will revoke without the other's consent. This agreement is ideally in writing. (b) CLEAR TERMS: the agreement must be clear about what is covered (does it cover all future assets? re-marriage? changing circumstances?). (c) FIRST DEATH TRIGGERS CONSTRUCTIVE TRUST: on the first death, the surviving party's property is impressed with a constructive trust in favour of the agreed beneficiaries — including after-acquired property in some circumstances.	EXAMPLE — MUTUAL WILLS IN PRACTICE: Vera and Eric made wills in 1985 with an express written agreement that neither would revoke without the other's consent, and after the first death the survivor could not revoke. Wills: everything to each other, then to their son Gary. Eric died in 1995. Vera later remarried and purported to make a new will leaving everything to her new husband. Vera died in 2010. Gary brought proceedings claiming the estate under the mutual wills agreement. COURT DECISION: the Court found that Vera held her estate (including assets acquired after Eric's death) on constructive trust for Gary — the remarriage and new will could not defeat the trust crystallised on Eric's death. Gary succeeded. PRACTICAL WARNINGS: (a) CERTAINTY OF AGREEMENT: many 'mutual wills' claims fail because the parties made matching wills without a sufficiently clear agreement not to revoke. Simply making mirror wills together does NOT create mutual wills — the agreement must be separately evidenced. (b) SCOPE PROBLEMS: mutual wills from 1985 may not reflect 2026 circumstances — after-acquired assets, changed family composition, care needs. The constructive trust can be very rigid. (c) LITIGATION RISK: contested mutual wills are expensive and uncertain to litigate — executors, beneficiaries, and family members may spend years and significant legal costs resolving disputes. (d) WHY TRUST WILLS ARE PREFERRED: a properly drafted life interest trust will achieves the protection of mutual wills (survivor cannot give the capital to a new spouse) with greater flexibility, certainty, and lower litigation risk than attempting to establish mutual wills after the event.	MUTUAL WILLS — WHY SOLICITORS GENERALLY ADVISE AGAINST THEM: despite their theoretical appeal (binding the survivor to the original will), mutual wills are generally not recommended for several reasons: (1) RIGIDITY: a mutual wills agreement locks in the terms even as circumstances change. If the beneficiaries die before the survivor, or circumstances change dramatically, the trust may produce unfair or unworkable results. (2) AFTER-ACQUIRED ASSETS: the scope of the constructive trust on after-acquired assets is uncertain — can the survivor buy a new house after the first death and put it in joint names with a new partner? Courts have reached different conclusions. (3) DIFFICULTY OF PROOF: without clear written evidence of the agreement not to revoke, mutual wills claims often fail. Wills made at the same time with matching terms are not automatically mutual wills. (4) LITIGATION EXPOSURE: claims for mutual wills constructive trusts are expensive and take years. The practical recommendation is to achieve the same result through a properly drafted life interest trust will — which provides certainty, flexibility, and avoids the need to prove a constructive trust agreement. WHAT TO DO INSTEAD: (a) Instruct a solicitor to draft life interest trust wills or property protection trust wills — these achieve the protective effect of mutual wills without the rigidity and litigation risk; (b) Have an explicit conversation with your spouse/partner about what you each want to happen after the first death; (c) Consider whether a nil-rate band discretionary trust is an appropriate intermediate step (ring-fencing £325k for children immediately, without restricting the survivor's access to the rest of the estate). MAKING A NEW WILL AFTER REMARRIAGE: if you are the surviving spouse who has remarried, or if your circumstances have changed, instruct a solicitor to draft a new will immediately — balancing your new spouse's needs with the children's expectations under the original mirror will.

Mirror wills and remarriage UK 2026. Legal framework: Wills Act 1837 (as amended); Wills Act 1837 s18 (revocation by marriage); s18(3) (exception for will made in contemplation of specific marriage); s18A (divorce — spouse treated as pre-deceased); IHTA 1984 s49A (immediate post-death interest); Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996); Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). KEY POINTS ON MIRROR WILLS: (1) MIRROR WILLS ARE SEPARATE DOCUMENTS: each will operates independently. On the first death, the survivor's mirror will belongs to them alone — no obligation to maintain its terms. (2) REVOCATION BY MARRIAGE (s18 WILLS ACT 1837): a subsequent marriage (or civil partnership) automatically revokes all wills made before that marriage, UNLESS the will was made 'in contemplation of' that specific marriage and states so (s18(3)). A pre-existing mirror will does not satisfy this exception. (3) INTESTACY CONSEQUENCES: on revocation by remarriage without a new will — the survivor dies intestate. Under the intestacy rules (Administration of Estates Act 1925): surviving spouse inherits statutory legacy (£322k in 2024/25; adjusted periodically) + half the remaining estate. Children inherit the other half of the remaining estate only. (4) I(PFD)A 1975 CLAIMS: children who lose their inheritance through sideways disinheritance may be able to make an Inheritance Act claim against the estate of the surviving spouse — if they can show the estate does not make 'reasonable financial provision' for them. The threshold for adult children claiming under the I(PFD)A is high — 'maintenance' standard only (not what they expected to inherit). Claims are uncertain and expensive. (5) LIFE INTEREST TRUSTS — IHT TREATMENT: a life interest trust created in a will is an IPDI (immediate post-death interest) under IHTA 1984 s49A if: (a) the interest arose on a death; (b) the beneficiary (life tenant) became entitled immediately on death. Under IPDI treatment: (a) the trust assets are treated as the life tenant's estate for IHT — the spouse exemption applies (no IHT on the first death, even on assets in the trust); (b) on the life tenant's death, the trust assets are taxed as part of the life tenant's estate for IHT (the NRB, RNRB, and any transferable allowances from the life tenant's own deceased spouse are available). This means an IPDI life interest trust does not create a periodic charge or exit charge unlike a relevant property/discretionary trust. (6) PROPERTY PROTECTION TRUSTS AND CARE HOME FEES: if the family home is in a property protection trust (PPT) and the surviving spouse goes into care, the house in the PPT is NOT counted for means-testing — because the trust capital belongs to the trust, not the survivor's estate. However, HMRC/local authority may challenge the arrangement as deliberate deprivation if the PPT was set up shortly before care was needed. A well-drafted PPT in the original will (years before care is needed) is much more defensible. (7) MUTUAL WILLS — CONSTRUCTIVE TRUST ON FIRST DEATH: on proof of a mutual wills agreement, the Court impresses the survivor's estate with a constructive trust from the moment of the first death — Fry v Densham-Smith [2010] EWCA Civ 1410; Re Goodchild [1997] 3 All ER 63. The constructive trust attaches to all assets in the survivor's estate at the time of the first death, plus — in some cases — after-acquired assets (contested by courts). Re Goodchild confirmed that making wills together and using the word 'binding' is insufficient without an express agreement. (8) REMARRIAGE PROTECTION — PRACTICAL APPROACH FOR COUPLES: couples who are concerned about sideways disinheritance should discuss and agree the desired outcome while both are alive and making wills. A solicitor-drafted life interest trust will achieves the protective aim with legal certainty — at a cost of approximately £800-£2,500 per couple (couple's trust wills). INHERITANCE ACT CLAIMS BY CHILDREN: if the survivor remarries and the estate eventually passes to the new spouse, adult children of the deceased first parent may be able to claim under I(PFD)A 1975 against the first parent's estate (if it was distributed differently from what was agreed) — not the second parent's estate. Claims against the second parent's estate are generally limited (adult child must show dependency on the second parent, which is harder). PRACTICAL RECOMMENDATION: the most cost-effective and reliable protection against sideways disinheritance is a professionally drafted life interest trust will — not mutual wills, not simply a verbal agreement, and not relying on the surviving spouse to 'do the right thing'.

Frequently Asked Questions

What is sideways disinheritance and how does it happen?

Sideways disinheritance is the informal term for a scenario where a surviving spouse — after the first spouse's death — changes their will or allows it to be revoked by remarriage, so the estate passes to a new partner or new family rather than to the children of the first marriage. It most commonly occurs in one of three ways: (1) the survivor voluntarily changes their mirror will after the first death, leaving the estate to a new partner instead of the original children; (2) the survivor remarries — and the new marriage automatically revokes their existing mirror will (s18 Wills Act 1837) — leaving them to die intestate, with the estate passing partly to the new spouse under intestacy; (3) the survivor remarries and makes a new will favouring the new spouse. Mirror wills are two separate documents with no legally binding obligation on the survivor to maintain the original terms after the first death.

Does remarriage automatically revoke a mirror will?

Yes — in England and Wales, marriage or civil partnership automatically revokes any existing will made before the marriage (s18 Wills Act 1837). This applies to mirror wills: if the surviving spouse remarries after the first death, their mirror will (made with the first spouse) is automatically revoked by the new marriage. Unless the surviving spouse makes a new will after remarrying, they die intestate. Under intestacy, the new spouse (not the children of the first marriage) inherits the statutory legacy (£322,000 in 2024) plus half the residue — substantially reducing what the children inherit. The only exception: a will made 'in contemplation of' a specific marriage and expressly stating this (s18(3) Wills Act 1837) is not revoked. An existing mirror will does not fall within this exception.

How can I protect my children's inheritance from a second marriage?

The main solutions are: (1) LIFE INTEREST TRUST in the first-death will — the first to die leaves the estate on trust for the survivor for life, with capital passing to the children on the survivor's death. The trust assets cannot pass to a new spouse. (2) PROPERTY PROTECTION TRUST — similar but covers only the family home; other assets pass outright to the survivor. (3) NRB DISCRETIONARY WILL TRUST — the first to die rings-fences assets up to the nil-rate band (£325k) in a discretionary trust for the children immediately. These solutions require professionally drafted wills — not suitable for DIY will kits. The surviving spouse should also make a new will after remarriage, clearly addressing the division between the new spouse's needs and the children's inheritance. Mutual wills (a legally binding agreement not to revoke) are technically possible but not recommended — they are rigid, uncertain, and frequently litigated.

What is the difference between mirror wills and mutual wills?

Mirror wills are two separate wills with matching terms — each leaves everything to the other, then to their children. Mirror wills are not binding: the surviving spouse is completely free to change their will or allow it to be revoked by remarriage after the first death. Mutual wills are wills made under a legally enforceable agreement that neither party will change their will without the other's consent — and after the first death, the survivor is bound by the agreement. On the first death, a constructive trust crystallises on the survivor's estate for the original beneficiaries. Mutual wills are not the same as simply making matching wills at the same time — there must be a separate, clear agreement not to revoke. In practice, solicitors generally do not recommend mutual wills because they are rigid, uncertain in scope (especially for after-acquired assets), and frequently litigated. A life interest trust will provides the same protective effect with much greater certainty.

Are mirror wills still appropriate for couples?

Mirror wills are appropriate and widely used for couples where: (a) both spouses have only joint children (no children from previous relationships — so the sideways disinheritance risk matters less if the survivor remarries and the new spouse is a stranger to the estate); (b) both spouses are elderly and remarriage is unlikely; (c) the estate is modest and the couple understand the survivor's freedom to change their will and accept this. Mirror wills are less appropriate for: blended families (children from previous relationships who need protection); couples where one has significantly more wealth and children from a prior relationship; where the first death may occur at a relatively young age and remarriage is plausible; where significant IHT planning is needed in the will (trusts are required). For blended families or where children's inheritance must be protected, life interest trust wills or property protection trust wills are more suitable — at somewhat higher cost but much greater security.

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