Donate SIGN UP

Mirror Wills. And Then?

Avatar Image
bainbrig | 16:04 Wed 18th Apr 2018 | Law
6 Answers
My partner (wife) and I have 'mirror wills'. They are precisely the same except in names. They have the same bequests as each other.

If (when) one of us dies, can the surviving partner just continue with their 'mirror' will, assuming there are no changes to any bequests? Does the fact that one half of the 'mirror' partnership is dead make any difference to the surviving will?

Thanks. (No intentions, just making sure loose ends aren't too loose).

BB
Gravatar

Answers

1 to 6 of 6rss feed

Best Answer

No best answer has yet been selected by bainbrig. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
The wills are entirely independent of each other. (i.e. there's no legal meaning to 'mirror wills'. They're simply the two distinct wills of Mr B and Mrs B). So the death of one person can't have any effect upon the will of the other person (other than as actually specified in the will of the survivor). Therefore nothing needs to be done (with regard to the will of the survivor) when one of you dies.

(Many moons ago I was the MD of a will-writing company, so I'm completely confident about my answer here).
As I understand it, "true" mirror wills are now a rare thing because they do tie both parties into doing certain things and IIRC, one will can't be changed without changing the other. Identical wills (which is what my late DH and I had) are just wills which say the same thing, the only differences being the name in such clauses as "all to partner". Either will can be changed at any time and the survivor's will remains in force after the death of their partner.....but I am not an expert and you really need Barmaid.
and it seems that Chris and I broadly agree...
Question Author
Thanks Chris, I was hoping that was so.

As the odds are that I will go first, I want my dear partner to have as few worries as I can leave her, and this was one I wanted to avoid.

BB
Woofy you are talking about mutual wills. I shan't give chapter and verse about mutual wills but they are different to mirror image wills which as you say are reflective. Chris is correct.
If the survivor remarries, the old will becomes null. Never mind any agreement between the original spouses,a new will must be made on remarriage.

1 to 6 of 6rss feed

Do you know the answer?

Mirror Wills. And Then?

Answer Question >>