Mirror Wills are a type of Will that are often made by married couples.
Where clients are making mirror Wills, they will see a solicitor and give instructions for their Wills together. Each client will have their own Will to sign, though they will be on the same or very similar terms. Most often, couples will pass everything to the survivor of them initially and then onto other beneficiaries on the second of their deaths i.e. children.
For example:
Mr. and Mrs. Smith make mirror Wills, making provision for each other and then their children. If Mr. Smith dies first, then Mrs. Smith will inherit his estate and then on Mrs. Smith’s death their children will inherit (or visa versa).
However, we often see situations where the survivor wishes to change or amend their Will following the death of the first of them. In addition, the survivor might form a new relationship and potentially remarry (which would revoke their Will).
Mirror Wills are not Mutual Wills, and so either party is free to make a new Will at any point provided that they are alive and have capacity, without the consent (or even knowledge) of the other party. Therefore, it is possible that after Mr. Smith’s death, Mrs. Smith could make a new Will and decide to exclude their children. This situation can be particularly troublesome if there are children from previous relationships involved i.e. stepchildren.
Can I prevent my spouse from changing their Will?
Although Mutual Wills can still be made, it is very rare that they ever are as they form a contractual relationship between parties agreeing never to change the Wills in the future without the consent of the other which can be very problematic.
However, there are steps that you can take to protect at least some of your estate for your chosen beneficiaries.
If you own a property, then Life Interest Trust Wills can be used to protect your share of the property against your spouse changing their Will, remarrying or going into care.
This type of Will creates a trust which on your death allows your spouse to continue living at the property, but it won’t actually give them your share of the property.
Your share of the property could be protected for your children, though they would not be able to access the capital in the property until the trust ends, which would usually be on the death of your spouse.
Whilst your spouse could still change their own Will in the future, your share of the property would be protected by the trust under your Will.
Next Steps...
If you have any queries or if you would like some advice regarding making Life Interest Trust Wills then please do not hesitate to contact me via telephone on 01283 214 231 or via email on s.wildsmith@timms-law.com.
For more information about anything Wills & Probate, visit our webpage here.
