What Is a Mirror Will – And Is It Right for You?

When couples begin thinking about making a Will, a common question arises:

“Do we each need a Will, or can we share one?”

This is where something called a Mirror Will (also known as a Joint Will) comes in.

In this guide, we explain what a Mirror Will is, how it works, whether it’s suitable for your circumstances, and what alternatives are available. We also cover legal risks, common myths, how much it might cost, and how to make sure your wishes are protected.

What Is a Mirror Will?

A Mirror Will is a pair of almost identical Wills made by two people – usually married couples or civil partners – who wish to leave their estates in the same way.

Each person writes their own Will, but the contents mirror each other. Typically, both Wills state:

• Everything goes to the surviving partner

• If the partner has already died, everything goes to the same named beneficiaries (often children)

Note: Mirror Wills are not the same as mutual Wills. Each is a separate legal document and can be changed independently. You can learn more about the differences in our article ‘What is the Difference Between a Mirror Will and a Mutual Will?’

How Do Mirror Wills Work?

Here’s a typical Mirror Will arrangement:

• You and your partner agree on your wishes

• Two separate Wills are drafted with identical terms

• Each person signs their Will in the presence of two witnesses

• When one partner dies, the other inherits everything

• When both partners have died, the estate passes to the chosen beneficiaries

Example:
John and Sarah each make a Mirror Will. They leave everything to each other, and if both have passed away, to their two children in equal shares.

Who Should Consider a Mirror Will?

Mirror Wills are ideal for:

• Married couples or civil partners

• Parents wishing to pass everything to each other, then to their children

They are especially suitable if both partners:

• Share the same beneficiaries

• Want a simple and cost-effective Will

• Trust the other to follow their agreed wishes

Important for unmarried couples:
Under intestacy rules in England and Wales, unmarried partners have no automatic inheritance rights. A Mirror Will offers protection, but trusts or bespoke legal advice may be needed for complex estates.

Pros and Cons of Mirror Wills

Advantages

• Simple and affordable: Usually cheaper than complex estate plans

• Protects your partner: Ensures a smooth transfer of assets

• Cost-effective: Ideal for couples with shared intentions

Disadvantages

• Not legally binding on the survivor: The surviving partner can change their Will

• Risk of disputes: Especially in blended families or second relationships

• No trust protection: Assets may not be preserved for children or vulnerable dependants

Can a Mirror Will Be Changed?

Yes. Either person can change their Mirror Will at any time – before or after their partner dies – provided they have mental capacity.

This means:

• A surviving partner can create a new Will with different beneficiaries

• Changes could exclude previously agreed heirs (for example, children)

This is a concern if:

• You’re worried about remarriage or new partners

• You want to ensure children or stepchildren inherit

• You’re concerned about family disputes or undue influence

Want more control?
Consider a trust Will, which can ring-fence assets for future generations.

Cost of Mirror Wills

The cost of writing a Mirror Will can vary depending on the level of service and legal complexity involved.

What affects the cost?

• Whether advice is needed on inheritance tax planning or trusts

• If there are blended families, overseas assets, or business interests

• Whether home visits or Will storage is included

• Whether you need Lasting Powers of Attorney in addition to your Wills

You’ll want to ensure the service includes:

• Professionally drafted Mirror Wills

• Full compliance with the Wills Act 1837

• Witnessing and execution guidance

• Optional storage and future amendments

At ELM Legal Services, we provide Mirror/Joint Wills with expert guidance tailored to your circumstances from just £165.

Legal Considerations and Nuances

Although Mirror Wills are a straightforward choice for many couples, there are important legal aspects to consider to ensure your estate planning meets your intentions.

Mirror Wills and Mental Capacity

To make a valid Will, each person must have testamentary capacity under the Mental Capacity Act 2005. This means they must understand:

• The nature of the Will and its effects

• The extent of their estate

• The claims that might be made by others (for example, dependants)

If there are concerns about capacity, especially with elderly or vulnerable individuals, a medical opinion and professional drafting are advisable.

Survivorship Clauses

Many Mirror Wills include a survivorship clause requiring a partner to survive the other by a set period (for example, 28 days). This helps avoid legal complications if both partners pass away in close succession.

The Inheritance (Provision for Family and Dependants) Act 1975

Even if a Mirror Will is valid, certain individuals (such as dependants, cohabiting partners, or disinherited children) can challenge it under the Inheritance (Provision for Family and Dependants) Act if they believe they have not received reasonable financial provision.

This is particularly relevant in:

• Second marriages or blended families

• Situations where informal promises have been made

• Circumstances involving financial dependence

Professional legal advice can help structure your Will to reduce the risk of a claim.

Using Trusts with Mirror Wills

A Mirror Will on its own does not protect assets from being redirected after the first partner’s death. For greater control, you may want to:

• Include a right to occupy or property protection trust (for example, for a surviving spouse)

• Use discretionary trusts for flexibility over children or vulnerable beneficiaries

• Ensure the Will is coordinated with property ownership (such as tenants in common vs joint tenants)

These approaches can help preserve wealth across generations and guard against remarriage or financial abuse.

Common Misunderstandings About Mirror Wills

“It’s one Will for both of us” = False
Mirror Wills are two separate documents.

“You can’t change it after one partner dies” = False
The survivor can usually change their own Will.

“Only wealthy couples need Mirror Wills” = False
They are suitable for most couples with shared estate planning goals.

How to Set Up a Mirror Will

Follow these simple steps:

1. Discuss your wishes

Agree on beneficiaries, guardians (if applicable), and how your estate should be distributed.

2. Speak to a professional

Use a legal professional to ensure your Mirror Wills are valid and legally sound.

3. Sign with witnesses

Each Will must be signed in the presence of two independent adult witnesses.

4. Store your Wills safely

You can store them with your legal professional, at home, or using a secure Will storage service.

FAQs About Mirror Wills

Are Mirror Wills legally binding in the UK?
Yes, each Mirror Will is a valid legal document. However, they are not binding on the surviving partner unless converted to mutual Wills.

Can a Mirror Will be changed after one partner dies?
Yes. The surviving partner can change or rewrite their own Will.

What if we want different wishes?
You can each write individual Wills with different terms. A Mirror Will is only suitable if both people have identical intentions.

Need Help Creating a Mirror Will?

At ELM Legal Services, we’ve helped thousands of couples across England and Wales secure their future with professionally drafted Mirror/Joint Wills.

Call us today on 0117 952 0698, or enquire online to get started.