Mirror wills are two separate wills with similar wishes. Matching wording does not by itself make the survivor’s future decisions fixed. Discuss children from earlier relationships, ownership of the home and existing documents before choosing a template; legal rules differ across the UK.
Bring these questions to a will-writing appointment
What happens on the first death and after the second death?
What should happen if a named beneficiary dies first or the relationship changes?
Which assets pass under a will, and which follow ownership or scheme rules instead?
Example discussion point: “We want the survivor to be supported, but also want advice about children from an earlier relationship.” Record that as a question for the adviser, not as wording to copy into a homemade trust.
Does using the same solicitor make two wills irrevocable?
No such conclusion follows merely from using the same adviser. Ask what type of wills are being prepared and whether any separate binding arrangement is intended.
Should both partners keep identical unsigned drafts as the final record?
Keep drafts clearly separate from properly completed originals. Confirm where each original will is held and how it can be found when needed.
GOV.UK explains the formal requirements in its England and Wales will guidance. Matching content does not replace valid signing and witnessing; use the appropriate jurisdiction’s advice. Check execution as well as the wording
Check pension and death-in-service nominations separately, since a will does not automatically update those provider records. Expression of wish: form and nomination
What should you discuss before choosing matching wording?
Make separate lists of your wishes, existing documents and questions about children, property and later changes. Compare the lists rather than assuming that similar wording fits both of you. Take unresolved points to an adviser. The aim of the first conversation is to identify decisions that need explaining, not to finish the wills immediately.
For document preparation and jurisdiction: Review the basics of preparing a will
For preferences you want to explain alongside the wills: Explain personal wishes separately
What are mirror wills?
A mirror will is, in the words of a guide published in The Gazette on mirror wills, "a will which is effectively identical to that of a spouse or partner". There is no special legal category called a mirror will. It is simply a pair of ordinary wills written to match, which is why they are popular with married couples, civil partners and unmarried couples who share the same plans for their money, home and children.
Because each document is a will in its own right, each one has to meet the usual formalities. In England and Wales, section 9 of the Wills Act 1837 requires a will to be in writing and signed by the person making it in the presence of two witnesses, present at the same time, who then sign it themselves. GOV.UK's page on making sure your will is legal adds that both witnesses must be over 18 and that you cannot leave anything to a witness or their married partner. A couple can sign both wills at the same sitting with the same two witnesses. Our guide to making a will in the UK covers the basics of writing and storing a will; this page focuses on what is different when you make them as a pair.
How do mirror wills work after the first death?
A typical pair of mirror wills follows the same pattern. When the first partner dies, their will leaves their estate to the survivor. When the survivor later dies, their will leaves everything to the agreed people, for example the children in equal shares, perhaps with a named charity or a back-up beneficiary if the children have died. The wills also usually appoint the same executors and, where there are young children, the same guardians.
For married couples and civil partners there is a tax advantage to this pattern. According to GOV.UK's Inheritance Tax guide, there is normally no Inheritance Tax to pay if you leave everything above the £325,000 threshold to your spouse or civil partner, and any unused threshold can be added to theirs when they die. The home allowance can also pass across: our guide to the residence nil rate band explains how a couple can pass on up to £1 million between them if their home goes to direct descendants.
What is the difference between mirror wills and mutual wills?
The names sound alike, but the legal effect is very different. With mirror wills there is no promise about the future. The Gazette guide notes that there is no obligation to keep a mirror will once one spouse has died, so the survivor is free to rewrite theirs.
Mutual wills add an agreement. The same guide describes them as wills where both partners agree that they will not revoke or amend their will later without the other's consent. That promise is what can protect, say, children from a first marriage, but it also makes mutual wills rigid. If the survivor's health, care needs or finances change completely, they may not be free to adapt their plans. If you are considering mutual wills, take advice from a solicitor and ask about alternatives, such as a trust in your wills.
Can mirror wills be changed after one partner dies?
Yes. The surviving partner can make a new will at any time, and leave things to completely different people. For many couples that flexibility is the point: the survivor may live for decades and needs to be able to respond to grandchildren, a move into care or a falling-out.
Two rules in England and Wales can change mirror wills without anyone meaning to. First, under section 18 of the Wills Act 1837, a will is revoked by the person's marriage, unless it is clear from the will that it was made expecting to marry a particular person, and section 18B applies the same rule to forming a civil partnership. A survivor who remarries or forms a civil partnership and never makes a new will can end up with no valid will at all, so the intestacy rules decide who inherits, and assets could pass to the new spouse rather than to the children both partners had in mind. Second, under section 18A, if a marriage ends in divorce or annulment, gifts to the former spouse and their appointment as executor take effect as if they had died on that date, unless the will says otherwise. Section 18C does the same when a civil partnership is dissolved or annulled.
GOV.UK advises reviewing your will every 5 years and after any major life change, including marriage, separation or divorce. Small changes can be made with a codicil, which must be signed and witnessed in the same way as a will. For bigger changes, make a new will that revokes the old one.
Are mirror wills a good idea for blended families?
This is where mirror wills carry the most risk. If each partner has children from an earlier relationship, the usual pattern of "everything to each other, then to all our children" relies entirely on the survivor not changing their will. The Gazette guide highlights the danger of children or stepchildren being left out, and of assets passing to a new spouse if the survivor remarries.
Couples in this position often look at wills that include a trust. For example, the first partner's share of the home might be held in trust so the survivor can live there for life, with that share passing to the first partner's own children afterwards. This protects both the survivor and the children without the rigidity of mutual wills. Setting up a trust in a will is not a do-it-yourself job; a solicitor or regulated will-writer can explain the options and the tax effects.
How do joint tenants and tenants in common affect mirror wills?
How you own your home matters as much as what your wills say. GOV.UK's guide to joint property ownership explains that if you own a property as joint tenants, it automatically goes to the other owner when you die, and you cannot pass on your ownership of it in your will. If you own it as tenants in common, you each own a share that does not pass automatically and can be left in your will.
So with joint tenancy, the home passes to the survivor whatever the first will says, and only the survivor's will decides where it ends up. With a tenancy in common, the first partner can leave their share elsewhere, for example into the kind of trust described above. GOV.UK says there is no fee to change from one form of ownership to the other. Check your title deeds or the Land Registry record before making mirror wills, so your wills and your ownership work together.
When are mirror wills not the right choice?
Mirror wills suit couples with similar wishes and fairly simple finances. They may not be the right fit if:
either of you has children from a previous relationship and you want to make sure they inherit
one of you owns a business, farm or property abroad that needs its own arrangements
you want to leave gifts to different people, such as your own siblings or friends
your estate is large enough for Inheritance Tax planning to matter
one of you is likely to need long-term care and you want to protect part of the estate
None of these rules out matching wills. It simply means the wills should be drafted with the situation in mind rather than copied from a template. You can write a will yourself, but GOV.UK recommends getting advice if your will is not straightforward, and blended families, trusts or property owned with others all count.
Do mirror wills work in Scotland and Northern Ireland?
Couples in Scotland and Northern Ireland can make matching wills too, but the rules around them are different. In Scotland, a surviving spouse or civil partner and children have "legal rights" to part of the moveable estate that a will cannot remove, as HMRC's Inheritance Tax Manual (IHTM12221) explains. That means a will leaving everything to a partner can be partly overridden if children claim their share. The Succession (Scotland) Act 2016 also changed the law so that divorce, dissolution or annulment generally treats a former spouse or civil partner as having died before the person who made the will, as section 1 of the Succession (Scotland) Act 2016 sets out. Northern Ireland has its own will and probate rules, and GOV.UK notes that there are different rules for Scotland and Northern Ireland. Use a solicitor qualified where you live.
Frequently asked questions: Mirror wills
Can unmarried couples make mirror wills?
Yes. Mirror wills are just matching wills, so any couple can make them. For unmarried partners a will is especially important, because the Inheritance Tax exemption for what you leave to a partner, described on GOV.UK, applies to spouses and civil partners. Our guide to intestacy rules explains what happens to a partner if there is no will.
Is a mirror will the same as a joint will?
No. Mirror wills are two separate documents, one for each partner. Each partner signs their own will, and each can be changed or revoked without the other's agreement.
Do mirror wills have to be made at the same time?
No, but they usually are, because it is easier to make sure the terms match and both are signed and witnessed correctly at one appointment.
What happens if we both die at the same time?
Good mirror wills plan for this by naming who inherits if the partner does not survive, often with a survivorship period of a set number of days. Ask whoever drafts your wills to include one.
How much do mirror wills cost?
There is no set fee, and prices vary widely between solicitors and will-writing services. Ask for a fixed quote covering both wills, and check whether it includes storage and future updates. Expect to pay more if you need trusts, Inheritance Tax advice or arrangements for a business or property abroad.
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Read more
Making a will in the UK
Letter of wishes: what to include
Executor of a will: what the role involves
