Mirror Wills Explained: Matching Wills for Couples in England & Wales

If you and your partner have the same wishes about who should inherit your estate, mirror wills are the simplest and most affordable way to put them in writing. This guide explains exactly what mirror wills are, how they work, and what to watch out for.

What are mirror wills?

Mirror wills are two separate wills, one for each partner, that contain broadly identical terms. They "mirror" each other. The most common arrangement is:

• ✓Each partner leaves everything to the other ("I leave my entire estate to my partner")
• ✓If the surviving partner has already died, the estate passes to the children (or other named beneficiaries) equally
• ✓Both wills name the same executors and, if applicable, the same guardians for children

Despite mirroring each other, the two documents are legally independent. Either partner can revoke or amend their will at any time without the other's agreement. This flexibility is one of the main reasons mirror wills are far more popular than mutual wills.

Mirror wills vs mutual wills: what is the difference?

The terms are sometimes confused, but they mean very different things:

For most couples, whether married, in a civil partnership, or cohabiting, mirror wills are the right choice. Mutual wills are only appropriate in very specific circumstances and should always involve a solicitor.

When are mirror wills appropriate?

Mirror wills work best when:

• ✓You are married, in a civil partnership, or cohabiting and want to leave everything to each other
• ✓You have children together and want the same people to inherit after the surviving partner dies
• ✓You agree on who should be executor and (if relevant) guardian
• ✓Your estate is straightforward: property, savings, personal belongings

Mirror wills are particularly important for cohabiting couples. Unlike married couples, cohabitees have no automatic right to inherit under the intestacy rules. If your partner dies without a will and you are not married, you could lose your home.

Key decisions to make together

What happens when the first partner dies?

Most couples leave everything to the surviving partner outright. This is simple and gives the survivor full control. However, it also means the survivor can change their will after you die, for example if they remarry and decide to leave everything to a new spouse.

If this concerns you, there are options. A life interest trust, for example, gives the surviving partner the right to live in the family home and receive income from the estate, while ensuring the underlying capital eventually passes to your children. This is more complex and will usually need a solicitor.

Guardianship of children

If you have children under 18, both wills should name the same guardians. This avoids any confusion if both parents die in the same event. Talk to your chosen guardians before naming them. It is a significant responsibility and they should know what they are agreeing to.

The residuary estate

The residuary estate is everything that is left after specific gifts, debts, and expenses have been paid. In mirror wills, this usually goes to the surviving partner first, and then to the children (or other beneficiaries) in equal shares. Make sure both wills use the same wording for the residuary clause to avoid inconsistencies.

Common pitfalls with mirror wills

Forgetting about joint tenancy

If you own your home as joint tenants (which most married couples do), the property automatically passes to the surviving owner on death, regardless of what your will says. This is called the right of survivorship. Your will only controls property held as tenants in common. If you want your share of the property to pass under your will (for example, into a trust for your children), you need to sever the joint tenancy first. A solicitor or conveyancer can do this for a small fee.

Not including a remarriage clause

Under s18 of the Wills Act 1837, remarriage revokes an existing will. This means if your partner inherits everything from you and then remarries, their original mirror will is automatically cancelled. Their new spouse then has a strong claim on the estate under intestacy rules, potentially cutting out your children entirely. A well-drafted mirror will includes guidance on this risk and suggests protective measures.

Assuming the wills are binding

As stated above, mirror wills are not binding. After the first partner dies, the surviving partner is free to write a completely new will. If you need certainty that the survivor will not change the arrangement, you need mutual wills or a trust, both of which require a solicitor.

When to use a solicitor for couples' wills

A DIY mirror wills kit is ideal for couples with straightforward estates. However, consider speaking to a solicitor if:

• •You have children from a previous relationship (blended family) and want to protect their inheritance
• •You want to set up a trust (life interest trust, discretionary trust, or protective trust)
• •Your combined estate is likely to exceed the inheritance tax nil-rate band (currently £325,000 per person, or £500,000 with the residence nil-rate band)
• •You own business assets, agricultural property, or property outside England and Wales
• •One or both partners are not UK-domiciled

Frequently asked questions