Mirror Will
Mirror wills have become increasingly popular in recent years, particularly amongst couples and families. As their name suggests, mirror wills are two separate, separate legal documents, that reflect each other’s wishes and instructions for the transfer of assets after death. They provide an efficient way to ensure your final wishes will be met without any disputes or confusion.
The concept behind a mirror will may sound simple enough; however, there is more to it than meets the eye. This page takes a closer look at what exactly constitutes a mirror will, so you can decide if this type of estate planning solution is right for you and your family. We also explore some of the potential risks associated with creating one, as well as how best to go about drafting them properly.
By the end of this article, you should have all the information you need to make an informed decision on whether or not a mirror will is suitable for your own estate plan. So read on to learn more!
Why get a Will?
According to a survey from 2021, 40% of people in the UK don't have a standard will let alone a mirror will. This startling statistic highlights just how important wills are and why everyone should consider getting one.
A will is an essential document that allows you to decide what happens to your belongings when you pass away. It's also a great way for you to take care of those closest to you, as it ensures they receive your assets according to your wishes whether it is to a sole beneficiary or not. You can even leave instructions on how you want any debts or funeral arrangements taken care of. In short, having a will gives you peace of mind knowing that everything is organized correctly after you're gone and you have clarity on who will inherit your estate.
But not all wills are created equal - two kinds stand out: single wills and mirror wills. So what’s the difference between them?
What Is The Difference Between A Single Will And A Mirror Will?
A single will is a document that outlines the wishes of one person - typically, this would be your own. It allows you to specify who should receive your assets after you pass away and can also cover other matters like appointing guardians for children or setting up trusts for your surviving partner.
On the other hand, mirror wills (also known as a mutual will) are documents created by two people (often spouses) which share similar provisions. They offer an effective way to manage finances and ensure that both parties have their personal preferences outlined in detail.
Here are five key points about mirror wills:
•They are designed for couples, such as married partners or civil partners.
•Each partner in civil partnership has their own separate legal document.
•The same executor(s) can be named in each new will;
•Similar gifts and legacies may be included.
•One party or one spouse cannot change the terms without informing the other.
Therefore, it's important for both individuals to discuss any changes to joint wills before signing off on any amendments. This ensures that everyone involved is aware of what’s going on. Enduring power of attorney arrangements can also be made with mirror wills if desired.
So, what is a mirror will then?
Have you ever wondered what it would be like to have a joint will that represents the wishes of two people? A mirror will is just that - an agreement between two individuals which outlines their shared desires upon death to ensure the surviving spouse is taken care of.
But why might someone opt for this type of joint will? Well, there are several reasons as to why couples may choose to use mirror wills instead of single ones. For instance, they offer greater clarity and consistency in terms of who should inherit your estate and assets after one or both parties pass away. In addition, they can also help ensure that all debts are taken care of during probate.
Moreover, if desired, enduring power of attorney arrangements can easily be included with a mirror will too. This allows either surviving spouse or partner, to make decisions on behalf of the other if they become incapacitated or unable to do so themselves. All in all, these documents provide peace-of-mind when it comes to planning ahead for the future.
Can You Change A Mirror Will After One Partner Dies?
Mirror wills are highly advantageous for couples who wish to have a combined legal document; however, if one party passes away before the other, it is important to know what steps need to be taken. Generally speaking, any changes that were made to the mutual will prior to death can still be implemented after one partner dies. This means that items such as beneficiaries and executors may be altered in accordance with their wishes.
On the other hand, even though there tends to be more flexibility with mirror wills than single ones, some things cannot be changed postmortem - namely any clauses regarding joint assets or liabilities owned by both individuals. It's also worth noting that all modifications must comply with local laws and regulations in order for them to be legally binding upon death.
With this understanding of mirror wills in mind, it's time to consider how much they cost – an important factor when deciding whether or not to me use of them.
Mirror Will Cost
As with any legal document, the cost of a mutual Will depends on a variety of factors. Such costs may include fees for drafting or modifying them, as well as other associated expenses such as notary services. It is also important to remember that even if these documents are relatively inexpensive upfront, they can become extremely expensive in the long run if mistakes are made during their creation.
The cost of a mutual will should be weighed against their potential benefits:
• The peace and security that comes from leaving clear instructions regarding one’s assets
- Knowing how and where your possessions will go after you have passed away
- Ensuring financial stability for loved ones once you're gone
• A way to express your wishes without having to face difficult conversations about death
- Avoiding disputes amongst family members over distribution of belongings
- Establishing trust between partners by providing clarity surrounding inheritance plans
Ultimately, it's essential to consider both the monetary implications and emotional value when deciding whether or not to create mirror wills - which brings us to our next section exploring their pros and cons.
Pros and Cons of Mirror Wills explained
It’s important to consider the advantages and disadvantages of mirror wills before making a decision. On one hand, they can provide much-needed clarity to complex inheritance situations - allowing partners to express their wishes in mutual wills without having difficult conversations about death. Additionally, these documents can save time, money, and emotional stress by avoiding potential disputes among family members over distribution of assets.
On the other hand, there are some drawbacks associated with mirror wills. For instance, changes must be made in both copies if any alterations need to be made after signing them – which can be complicated if only one partner is still alive. Furthermore, it’s essential that all legal requirements are met when creating them; otherwise mistakes could result in costly problems down the road.
Having weighed the pros and cons of making mirror wills, let's now explore why it makes sense to make a mirror will with RG Law…
Do you need probate if you have a Mirror Will?
Yes, you will need probate even if you have a mirror will. The process is the same as for a single will. When one partner passes away, the surviving partner will need to apply for probate to confirm the validity of the surviving party' will and enable the distribution of the assets.
Why Make A Mirror Will With RG Law?
At RG Law, we understand that creating a mirror will can be an intimidating process. That’s why our legal team is here to guide you through every step of the way – from initial consultations and document review to filing your wills with the court. We take great pride in delivering personalized service tailored specifically for each client’s individual needs.
Our attorneys have decades of combined experience navigating estate planning cases, so you can rest assured that your documents are prepared accurately and properly. In addition, our goal is to make this process as stress-free as possible by answering any questions or concerns you may have along the way.
We believe everyone should have peace of mind when it comes to their partner's financial future – and that starts with having reliable protection in place while they’re still alive. Let us help give you the security you need today with a mirror will crafted especially for you.
Service Types:
CORRESPONDENCE SERVICE
We will communicate with you via phone, email and post. You will receive: -
Personal advice and guidance throughout
Free will registration with Certainty the National Will Register
Free will storage in our safe
PERSONAL SERVICE
We will communicate with you via phone, email, post and meetings, including witnessing the Will signing. You will receive: -
Personal advice and guidance throughout
Free will registration with Certainty the National Will Register
Free will storage in our safe
Witnessing
Virtual and or face to face meetings
Main advantages of having a will:
-
You decide what happens
-
You pick who will oversee everything (Executors)
-
You pick who will look after your children (Guardians)
-
You pick who will receive everything and in what shares
Main advantages of using a professional:
-
Bespoke drafting so that your wishes are followed to the letter
-
Bespoke drafting so that your wishes are followed to the letter
-
Ensuring that your will is properly executed and legally binding
MARRIED COUPLE - A husband and wife should provide for each other to take advantage of full Inheritance Tax allowances
Trustees and Guardians will be needed for your children
If there are children from previous relationships, trusts may be necessary
Trustees and Guardians may be necessary to look after your children
If parents are divorced, they will still have to share everything equally
MARRIED BUT SEPARATED PERSON – not yet divorced.
(Until the divorce is finalised, a husband or wife will still inherit the assets regardless of how long they have been separated.)
-
Any existing will is still valid even after the divorce is complete, so even if the spouse can’t inherit, other provisions such as Executors and gifts may still need to change.
-
Trustees and Guardians may be necessary to look after your children
-
If parents are divorced, they will still have to share everything equally
UNMARRIED COUPLE – possibly first-time buyers
Partners are not entitled to anything regardless of how long they have been together
-
There is no such thing as “common-law wife/husband”
-
Partners need to provide for each other in their Wills for that to be legally binding
-
Trustees and Guardians may be necessary for your children
-
Trusts may be necessary to allow a partner to continue living in a property and to ensure that children can still inherit
-
If you are planning to get married, this can be confirmed in your Will so that the marriage does not affect your will
