Introduction
This article is one of a set about wills which explains the roles of mutual wills and mirror wills and how they could help you. The two represent two types of testamentary devices that may be executed by two people, often partners, to ensure that their property is disposed of identically
What is a mutual will?
A mutual is similar to a contract between two parties – in this case, the parties are the testators. The terms of the contract are for you both to decide and do not have to promise to be the same for each. However, it is important in mutual wills that both parties are making their promises after proper personal advice as the effect of the contract. Although a will cannot be irrevocable, a person making a mutual will may not be aware of this and may not be aware that the other party may break the promises made. The Net Lawman wills service does not provide for mutual wills.
Why make a mirror will?
Mirror wills do not cause such problems. They are two separate wills, although they mostly provide the same gifts to other parties. They are most frequently made by husband and wife, or life partners. Unlike a mutual will, they are made in the same terms each to benefit the other, with or without other gifts and provisions. Mirror wills are not irrevocable. Any Net Lawman will can be a mirror will. All you have to do is buy it once and use it twice!
What are the benefits of each?
A mutual will can help to ensure that on a second marriage the estate of the second party to die passes with total certainty. However, the disadvantage is that wills drafted as mutual wills provide complete inflexibility.
However, unlike mirror wills which may be changed after the death of a spouse, mutual wills do achieve greater certainty that the wishes of the spouse who dies first will be met on the death of his or her surviving spouse. |