Wills & Family
Who should I choose as executor if I don’t trust my family?
Not everyone has a relative they would trust to handle their estate. Here is how to think about other options, from friends to professional executors.
When couples think about Wills, they often hear the term "mirror Wills". This article explains how mirror Wills compare with single Wills, and what to think about before choosing.
What is a single Will?
A single Will is simply one person's Will. It reflects their own wishes and does not depend on anyone else's. Anyone making a Will on their own, whether single, married or in a relationship, makes a single Will.
What are mirror Wills?
Mirror Wills are two separate Wills, made at the same time, with almost identical terms. They are most often made by married couples, civil partners or long-term partners.
A typical pair of mirror Wills says:
- each person leaves everything to the other
- when the second person dies, everything passes to the same people, often the children
- each names the same executors and, if needed, the same guardians
Each Will is still a separate legal document. Each must be signed and witnessed properly in its own right.
The key point: mirror Wills can be changed
The most important thing to understand is that either person can change or replace their mirror Will at any time while they have capacity. This includes after the first person has died.
A practical example
Chris and Dana make mirror Wills. Each leaves everything to the other, and then to their two children. Chris dies first and Dana inherits everything. A few years later, Dana remarries. Marriage cancels an earlier Will in England and Wales, so Dana's old Will is revoked. Unless Dana makes a new Will, the estate may pass under the intestacy rules, which could favour the new spouse. Chris's children could receive much less than Chris expected.
This is sometimes called the risk of "sideways disinheritance". It is not a reason to avoid mirror Wills, but it is worth discussing.
What about mutual Wills?
Mutual Wills are different from mirror Wills. With mutual Wills, both people agree that neither will change their Will after the first death. This agreement can be legally binding. Mutual Wills are less common and can be restrictive. A professional can explain whether they suit your circumstances.
Other ways to protect children's inheritance
Some couples choose to include a trust in their Wills. For example, a "life interest" trust can let the surviving partner live in the home for life, with the property then passing to the children. Our article on how trusts work gives an overview.
Comparing the options
| Feature | Single Will | Mirror Wills |
|---|---|---|
| Number of documents | One | Two, one for each person |
| Can be changed later? | Yes | Yes, by either person, even after the first death |
| Suits | Anyone | Couples with similar wishes |
| Main thing to consider | Keeping it up to date | What happens after the first death |
Is a mirror Will right for us?
Mirror Wills can work well when:
- you both want the same people to benefit in the end
- you trust each other to keep to those wishes
- your family is not blended, or you are both happy with the arrangements for all children
Separate, different Wills, or Wills with trusts, may be worth considering when:
- either of you has children from a previous relationship
- you own property in unequal shares
- one of you may need long-term care in future
Unmarried couples should also remember that they do not inherit from each other without a Will. Our guide to the intestacy rules explains why.
Scotland and Northern Ireland
This article is about England and Wales. The law in Scotland and Northern Ireland differs, including on what family members can claim. See nidirect or mygov.scot for local guidance.
When to get professional help
A professional can help you decide between mirror Wills, separate Wills and Wills that include trusts. This is especially useful if you have a blended family, own property as tenants in common or have significant assets. Remember to check any provider's regulation and insurance yourself.
Whatever you choose, it is wise to review your Wills after big life events. See when to update your Will.
Next steps
You can read more on our Wills page, or answer a few short questions in our wills questionnaire and we will aim to introduce you to up to three appropriately qualified firms.
WillHarbour is an independent introduction service, not a law firm, and we do not give legal, tax or financial advice. With your permission, we share your enquiry with up to three suitable firms, such as solicitors or will-writing companies. It is free to use and there is no obligation. The firms pay us a fee for each introduction, and they must tell you about this, and their own fees, before you instruct them.
Frequently asked questions
Are mirror Wills one document?
No. Mirror Wills are two separate Wills with very similar terms. Each person signs their own Will in front of two witnesses.
Can my partner change their mirror Will after I die?
Yes. The surviving person can usually change their Will at any time while they have mental capacity, unless a binding mutual Wills agreement exists.
Can unmarried couples make mirror Wills?
Yes. Mirror Wills are not limited to married couples or civil partners.
What is the difference between mirror Wills and mutual Wills?
Mirror Wills can be changed by either person. Mutual Wills include an agreement not to change them, which can be legally binding.
Official sources
This guide is general information about the law in England and Wales at the time it was last reviewed. It isn’t legal, tax or financial advice. For advice on your own situation, speak to a qualified professional.
