Do mirror wills have to be identical?

Mirror wills are actually two separate wills, one for each individual, which are drafted to reflect the terms and intentions of the other. Usually, the only differences are the names of the people making the wills  (the “testators”) and the executors they have chosen to appoint after their death.

It is important to understand that “mirror will” is more of a practical concept than a strict legal term. It simply describes two wills which are substantially the same.

They can contain any instructions the parties have agreed upon together, but most commonly, they leave the same assets to the same people. A typical example is where one partner leaves everything to the other, and, on the passing of the second person, the estate passes to their children.

Although mirror wills are often associated with married couples, they are not limited to them. You do not need to be married or in a civil partnership to make mirror wills. Two siblings, close friends or unmarried partners may decide to make mirror wills if they want their estates distributed in the same way.

In fact, mirror wills can be particularly beneficial for unmarried couples who want greater certainty over how their estate will be distributed.

Under Scots law, unmarried partners do not automatically inherit in the same way as spouses or civil partners if someone dies without a will. While some jointly owned assets may pass automatically to the surviving partner, assets held in one person’s sole name may not. 

Are mirror wills legally binding?

As with all wills in Scotland, mirror wills are legally binding provided the person making the will meets the legal requirements. Generally, you must be at least 12 years old, be of sound mind, understand the nature of the document, and not be under pressure from another person.

Can mirror wills be changed?

One of the most common questions people ask is, can mirror wills be changed?

The answer is yes. Mirror wills are not set in stone. Even while both people are alive, one or both parties can change their wills if their wishes or their circumstances change.

For example, a remarried couple may decide to divide their estate equally between three children. Years later, if family relationships deteriorate, one partner may decide to change their own will and leave their estate differently. With standard mirror wills, there is generally nothing to stop this happening.

Similarly, after one partner dies, the surviving partner may decide to update their own will. This is entirely reasonable and very common. Life moves on, financial circumstances change and family relationships evolve.

Solicitors understand this and will usually advise clients to review their wills regularly.

However, it’s important to be aware that if the same family solicitor drafted both mirror wills, a conflict of interest could potentially arise if one party later asks to make changes while the other party is still alive. This is quickly and easily resolved by choosing a different solicitor.

Are mirror wills a good idea?

For many families, mirror wills are a practical and cost-effective option. Like any properly drafted will, they provide certainty for those left behind and make the administration of an estate much easier.

However, mirror wills are not suitable for every situation.

Blended families, second marriages and more complicated financial arrangements may require more tailored planning. 

Even couples who largely share their finances will usually own certain assets individually. Jewellery, family heirlooms, collections and sentimental possessions may hold greater personal significance for one person than the other. It is therefore quite common for specific gifts to differ between each will, in which case mirror wills may not always be the most suitable option. 

Lower value or personal items can also be dealt with through a letter of wishes, which may allow the main terms of the two wills to continue mirroring one another.

Alternatives to mirror wills

People who are concerned about a surviving partner changing their will later on, sometimes consider mutual wills instead. These are different arrangements intended to prevent changes after the first death, although they are more restrictive and less commonly used.

Another type of will is a joint will. These are quite rare and involve a single document executed by more than one person, usually spouses or long-term partners. Joint wills are generally inflexible and are best suited only to very simple financial arrangements. They were previously used quite widely but better alternatives now exist.

For most people, mirror wills remain the more practical and flexible option, provided everyone understands what they can and cannot achieve.

Seek legal advice before making mirror wills

While there are always difficult decisions and uncomfortable scenarios to consider when making a will, such as who should inherit certain assets or who would look after young children if a parent dies, these are conversations solicitors deal with every day. 

A solicitor can advise you on whether mirror wills are a good idea for your particular circumstances and guide you through the process from start to end.