When it comes to planning for the future and safeguarding your assets, creating a Will is an essential step. In the United Kingdom, there are different types of Wills that individuals can consider, two of the most common being Mirror Wills and Mutual Wills. Understanding the differences between these types can significantly impact how your assets are distributed and managed after your passing.
What is a Mirror Will?
Mirror Wills, sometimes called “Joint” Wills, are a pair of almost identical Wills made by two individuals, often spouses or partners, leaving their assets to each other. They mirror each other in content and typically specify that, upon the death of one person, their estate will pass entirely to the surviving partner. Once the second partner passes away, the estate is then distributed according to the instructions initially outlined in the Mirror Wills.
Key features of Mirror Wills include:
- Reciprocal Arrangement: The content of the Wills is typically identical, reflecting the wishes of each individual to leave their estate to the other initially and then to specified Beneficiaries.
- Independence: Each individual has control over their own Will, meaning they can change or amend it at any time without the need for the other person’s consent.
- Flexibility: After the first person passes away, the survivor has the freedom to change their Will according to their wishes.
What is a Mutual Will?
Mutual Wills are similar to Mirror Wills in that they involve two individuals, often a couple, agreeing on the distribution of their assets. However, unlike Mirror Wills, Mutual Wills contain a legally binding agreement between the parties, outlining that neither will change their Will without the other’s consent after the death of the first person.
Key features of Mutual Wills include:
- Binding Agreement: Once one person passes away, the surviving partner is bound by the terms of the mutual agreement and cannot change their Will freely without adhering to the terms set out in the mutual agreement.
- Protection: This type of Will offers security for both parties, ensuring that the agreed-upon distribution of assets remains intact after the first person’s death.
- Limitations: While providing a level of security, Mutual Wills can be less flexible compared to Mirror Wills, as they restrict the surviving partner’s ability to make changes independently
Which One Is Right for You?
Choosing between a Mirror Will and a Mutual Will depends on individual circumstances, preferences, and the level of control and security desired. Factors such as family dynamics, the nature of assets, and personal preferences play crucial roles in making this decision.
Factors to Consider:
- Level of Commitment: Mirror Wills offer flexibility, allowing individual changes, whereas Mutual Wills are legally binding and entail a higher level of commitment.
- Relationship Dynamics: Consider the nature of your relationship with the co-Will maker. Mirror Wills require a deeper level of Trust between parties compared to Mutual Wills.
- Circumstances: Your financial situation, family dynamics, and future possibilities should also be considered when choosing between these Will types.
Example 1 – A scenario where a Mirror Will might be more prudent than a Mutual Will
Consider a situation where a married couple, Sarah and David, have relatively straightforward assets and a simple family structure. They both own joint assets like their family home, savings accounts, and investments. They have one child together and have always shared the same intentions about the distribution of their assets.
In a Mirror Will:
Sarah and David decide to create Mirror Wills that essentially mirror each other’s terms.
They agree that upon the death of one spouse, their assets will pass entirely to the surviving spouse.
After the death of both spouses, they want their assets to go to their children equally.
In this scenario, a Mirror Will might be more prudent than a Mutual Will because it ensures that each spouse can maintain control over their own Will during their lifetime. They both share the same intentions and want their assets to eventually pass to their child equally. However, the Mirror Will allow flexibility for each spouse to change their Will independently if circumstances or preferences change in the future without needing the consent or agreement of the other spouse. This can be more suitable for couples with simple asset distribution plans and where there is mutual trust and understanding between the spouses.
Example 2 – A scenario where a Mutual Will might be more prudent than a Mirror Will
Let’s consider a situation where a married couple, Alice and Bob, have children from previous marriages and also children together. They have accumulated considerable wealth and assets throughout their lives. Alice and Bob want to ensure that their assets are distributed in a specific way after both of them pass away.
In a Mutual Will:
Alice and Bob create a Mutual Will together that outlines their agreed-upon distribution of assets.
They decide that after both of them pass away, their assets will be divided in a particular manner among all their children, including those from previous marriages, in specified percentages or with specific instructions.
They include provisions that prevent alterations to the Will after the first spouse dies, ensuring that the surviving spouse cannot change the agreed-upon distribution of assets.
In this scenario, a Mutual Will might be more prudent than a Mirror Will because it establishes a binding agreement between the spouses about how their assets will be distributed after both of them pass away. This can be especially important in complex family situations where there are children from different marriages, as it provides assurance that the agreed-upon terms will be upheld and prevents the surviving spouse from changing the distribution plan after the first spouse’s death.
What is the Difference Between a Mirror Will and a Mutual Will?
Both Mirror Wills and Mutual Wills serve as essential tools in Estate Planning, each with its own set of advantages and considerations. Deciding which type of Will aligns with your preferences and objectives requires careful consideration and expert guidance to ensure your assets are protected and distributed according to your wishes.
If you would like to learn more, further information can be found on Mirror and Mutual Wills in the Government’s “Inheritance Tax Manual“. Also, Age UK has a useful resource in their “Making a Will” factsheet.
When it comes to Estate Planning, seeking professional advice from a qualified Will and Probate company is highly recommended. Here at ELM Legal Services, we can offer tailored advice based on your unique situation and guide you through the process of creating a Will that best suits your needs. Call us today at 0117 952 0698 or simply click on Contact Us. Alternatively, if you would like to book a free initial meeting, you can visit our Online Wills service page.