Can a surviving spouse change a mirror will?

In a world where estate planning is becoming increasingly important, mirror wills are often recommended for married couples or civil partners as a simple and practical solution. However, a major question arises, particularly after the death of one of the testators: can a surviving spouse change a mirror will? The answer may seem intuitive, but it hides numerous legal complexities that must be understood to protect your wishes and those of your loved ones. For optimal legal security, we highly recommend consulting a solicitor specialising in estate law and will writing.

Continue reading to explore the legal limits and common issues surrounding mirror wills in the UK.

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What is a mirror will UK?

Mirror wills are commonly used by married couples or civil partners to create aligned estate plans.

So what is a mirror will UK?

A mirror will meaning consists of two separate wills that are nearly identical – each party leaves all their assets to the other, and upon death, the estate typically goes to shared beneficiaries, such as children. It’s important to note that this is not a joint or mutual will, but rather two individual wills reflecting the same terms.
For example:

• The husband leaves everything to his wife, and if she dies first, to their children.
• The wife does the same in her will.

While the simplicity and alignment of a mirror will are appealing to many couples, this format also carries potential legal risks if circumstances change.

Are mirror wills a good idea? Pros and cons

So, are mirror wills a good idea? That depends entirely on your personal and family circumstances.

They offer several sdvantages :

• They’re simple to set up;
• Generally cost-effective;
• Work well for couples with shared estate planning goals.

However, there also carry major disadvantages:

• No guarantee that the first spouse’s wishes will be upheld after their death;
• The surviving spouse can legally modify their wil;
• Risks of changes due to remarriage, family disputes, or external influence.

Mirror wills may be suitable for couples in long-term, stable relationships with no children from previous unionsand modest assets. In more complex situations, alternative such as mutual wills or establishing a trust can offer greater legal protection and peace of mind.

What is the cost of a mirror will?

One reason many couples choose mirror wills is their affordability. The mirror will cost will typically ranges from £150 to £300 for both wills, depending on the complexity of your estate and the level of personalisation required.

Some law firms or online services offer competitive rates, and it’s common to see a mirror will template available online. However, a low-cost option may not suit everyone. Templates often overlook important factors like blended families, tax implications, or property ownership structures.

Can a surviving spouse change a mirror will?

Although mirror wills are often seen as mutual commitments between spouses, they are not legally binding. This means the surviving spouse can legally change a mirror will, even if the change contradicts the original shared intentions. Each mirror will is an independent document, signed seperately by each partner. It is not a joint or mutual will. Under UK law, is based on a fundamental principle: each individual retains the right to change their will at any time, provided they have mental capacity. As such, even if a couple agrees on a common estate plan, that agreement alone does not legally restrict the surviving spouse after one partner dies. In practice, this means the survivor could write a new will, changing the distribution entirely, such as excluding children named in the original will and leaving assets to a new partner, other relatives, or a charity. While this may feel like a betrayal of the original understanding, it is entirely legal.

This is why the question “can a surviving spouse change a mirror will?” is both common and important. Understanding the limits of mirror wills is crucial, and, for those with complex wishes or concerns about future changes, it’s advisable to speak to a solicitor specialising in will writing to explore more secure alternatives, such as mutual wills or trusts.

Can a mirror will be contested?

Yesm, a mirror will can be contested, just like any other will, under specific legal grounds. Common reasons include:

• Lack of mental capacity of the testator at the time the will was made;
• Undue influence by another person;
• Formal irregularities, such as failure to meet witnessing requirements.

If you are a potential heir who was disadvantaged due to changes made by a surviving spouse, it may be possible to pursue legal action. However, contesting a mirror will is often a lengthy, expensive, and uncertain process.
That’s why prevention is key: consulting a solicitor specialising in will writing at the time of drafting ensures your mirror will is legally sound and reduces the risk of future disputes.

FAQs

• What are the legal risks associated with mirror wills?
  The main risk is that the surviving spouse can legally change their will after the first partner’s death, potentially undermining the couple’s original shared intentions. Risks also include complications from remarriage, family disputes, or undue influence.
• How can I ensure the testator’s wishes are respected after their death?
  Legal tools such as mutual wills, trusts, or restrictive clauses can help safeguard the original wishes. A solicitor experienced in will writing can advise on the most secure strategy.
• What are better alternatives for couples with children from a previous marriage?In blended families, it’s often preferable to use a mutual will (which is binding) or a trust to ensure children from earlier relationships are not unintentionally disinherited.
• Can mirror wills affect family relationships after death?
  If the surviving spouse changes the will or remarries, this can cause resentment or disputes among children and other intended beneficiaries.
• Is it possible to revoke a mirror will?. Absolutely. As long as the testator is alive and mentally capable, they can revoke or update their mirror will by writing a new one that clearly states the previous version is cancelled.

Mirror wills are popular appeals due to its simplicity and affordability. However, theycan be fragile if limits aren’t clearly understood. The answer to “can a surviving spouse change a mirror will?” is yes, and that decision could significantly alter  the estate distribution both spouses originally intended. Careful planning and professional legal advice are essential to ensure your wishes are respected after you’re gone.

Considering establishing a mirror will?

Don’t leave anything to chance. Consult a solicitor from Qredible’s network to ensure your wishes are respected today and in the future.

KEY TAKEAWAYS

• A mirror will allows couples to create nearly identical wills, typically leaving everything to each other, but it is not legally binding on the surviving spouse after death.
• The surviving spouse can change their will, potentially altering the original inheritance plan and causing family disputes.
• Legal advice is essential to ensure the will is tailored to situation and includes safeguards that protect your beneficiaries.
• Alternatives like mutual wills or trusts offer stronger protection and prevent unwanted changes by the surviving spouse.