Types of wills in the UK: which one is right for you?

Choosing the wrong type of will can leave your family unprotected, create expensive delays during probate, or trigger disputes over your assets. Yet most people don’t realise there’s more than one option: single wills, mirror wills, trust wills, and others, each designed for different circumstances. This guide focuses on England and Wales, where will laws and procedures differ from Scotland and Northern Ireland. Consult a wills and probate solicitor to explore your options and get tailored advice based on your family structure, assets, and long-term goals.

Quick answer: which will type suits you:

• The three most common types of wills are single wills (individuals), mirror wills (couples), and trust wills (asset protection and blended family planning).
• Mirror wills suit many couples but are not binding after first death; trust wills help protect children in blended families.
• Professional solicitor guidance ensures legal validity, addresses your circumstances, and prevents costly disputes far more effectively than DIY options.

The 3 most popular types of wills in England and Wales: single, mirror & trust

The three most common types of wills in England and Wales are single wills, mirror wills, and trust wills.

1. Single wills

One individual creates a single will to direct how their assets are distributed after death.

The testator must have testamentary capacity under the Wills Act 1837, understanding the nature of their property, family circumstances, and how the will disposes of assets.

A single will names beneficiaries, appoints executors, designates guardians for minor children, and specifies particular gifts. You can change a single will at any time without restriction.

2. Mirror wills

Mirror wills are two separate, almost identical wills created by couples (married, civil partners, or cohabiting) where each person leaves their estate to the other.

Either partner can change their will independently at any time without the other’s permission, unlike rigid joint wills. Mirror wills are cost-effective because both are drafted together and can benefit from spousal inheritance tax exemptions.

3. Trust wills

Trust wills create trusts that control how and when beneficiaries inherit assets.

• Discretionary trust wills grant trustees discretion to decide how vulnerable beneficiaries (young children, those with learning disabilities) receive their inheritance.
• Life interest trust wills allow a surviving spouse to benefit from an asset (such as living in the family home) for their lifetime while the underlying capital passes to children afterward.
• Flexible life interest trusts (FLIT) allow adjustments if circumstances change.

Trust wills are commonly used for vulnerable beneficiaries, blended families, and care home planning. They cost more to set up (£500–£1,000+) but provide long-term protection that simple wills cannot.

3 specialist types of wills: joint, mutual & advance decisions

Beyond the three main types, there are three specialist types of wills for specific circumstances:

1. Joint wills

A joint will is a single legal document signed by two people (typically spouses).

Once one partner dies, the surviving spouse cannot easily change the document without expensive court proceedings. Joint wills are irrevocable once executed and inflexible after the first death.

2. Mutual wills

Mutual wills are separate wills backed by a legally binding agreement preventing the surviving partner from changing their will after the first death.

Case law confirms that mirror wills do not, by themselves, create mutual wills; clear evidence of a binding agreement is required.

Mutual wills are used occasionally for second marriages to protect children from previous relationships and require specialist legal drafting.

3. Living wills (advance decisions)

Living wills, also called Advance Decisions, are legal documents specifying your medical preferences if you become incapacitated; they do NOT affect asset distribution.

They outline which life-sustaining treatments you do or don’t want (resuscitation, chemotherapy, artificial feeding). Living wills are legally recognised under the Mental Capacity Act 2005 if properly executed and witnessed. They guide healthcare professionals and reduce the burden on your family during critical medical decisions.

Which type of will do you need? Decision checklist

The right will type depends on your family and assets. Use this checklist to identify which option may suit your situation:

Best types of wills for married couples

For most married couples, the choice is straightforward, but circumstances matter significantly.

1. Married/partnered with children: mirror wills or trust wills

If you’re married or in a civil partnership with children from the current relationship, mirror wills are often ideal. Each spouse leaves everything to the other, and after both have died, the estate passes equally to your children. This is simple, cost-effective, and flexible.

However, if you have a substantial estate (property worth £500,000+), significant investments, or concerns about care home fee planning, a trust will (particularly a life interest trust) is commonly recommended.  A life interest trust allows your spouse to live in the family home after your death while helping ensure the property passes to your children afterward.

2. Married/partnered without children: simple mirror wills

Couples without children should still make wills, even though spouses benefit from partial intestacy rights under English law. A simple mirror will is typically sufficient; each leaves everything to the other, and if both die simultaneously or in quick succession, assets pass to named secondary beneficiaries (siblings, nieces, nephews, or charities).

Without a will, your spouse may face difficulty accessing joint accounts, selling property, or dealing with your digital assets. The probate process is significantly simpler and less expensive with a valid will in place.

3. Blended families & second marriages: trust wills or mutual wills

If either spouse has children from previous relationships, a trust will (particularly a life interest trust) is commonly recommended. It helps protect children from the first marriage while supporting the surviving spouse.

Example: You remarry, and your new spouse inherits the family home. Without a trust, if your spouse remarries again, they may leave everything to their new partner, excluding your children. A life interest trust may help address this; your spouse lives in the home for life, but afterward, it passes to your children.

Common mistakes when choosing your will type

Many people make avoidable errors that weaken their wills or leave families unprotected:

• Confusing mirror wills with joint wills: Mirror wills are two separate documents you can change independently; joint wills are rigid single documents. Use mirror wills for flexibility.
• Thinking mirror wills are unchangeable: Mirror wills do NOT bind the surviving spouse after first death. If you need binding protection in blended families, use a trust will or mutual will instead.
• Overlooking trust protection in blended families: Without a trust will, your surviving spouse can change their will after remarriage and exclude your children entirely. Use a life interest trust to protect children from previous relationships.
• Not updating wills after life events: Marriage automatically revokes previous wills unless made “in contemplation of marriage.” Divorce revokes gifts to ex-spouses. Review your will every 3–5 years and after major life changes.
• Using DIY templates for complex situations: Generic templates cannot address business succession, overseas property, vulnerable beneficiaries, or care home planning. Mistakes invalidate wills and trigger costly disputes.

FAQs

What are the 3 main types of wills called? In England and Wales, the three main types of wills are single wills (one person’s will), mirror wills (two almost identical wills for couples), and trust wills (wills incorporating trusts for asset protection). Beyond these, there are also joint wills (outdated), mutual wills (binding agreements), and living wills (medical decisions).

What type of will do I need? Your will type depends on your family structure, assets, and wishes. Single people typically need a single will. Married couples often use mirror wills. Where there are blended families, significant assets, or property considerations, trust wills are commonly recommended. Couples without children typically benefit from simple mirror wills.

What’s the difference between mirror wills and joint wills? Mirror wills are two separate documents with almost identical terms, each partner can change their will independently. Joint wills are a single document signed by both partners, they’re inflexible and outdated, often creating difficulties after the first death. Mirror wills are modern and practical; joint wills are rarely recommended.

Making a will is one of the most important decisions you can make for your family. The right type of will protects your loved ones, prevents disputes, and ensures your wishes are honoured.

This guide provides general legal information for England and Wales and does not constitute legal advice; consult a qualified solicitor for advice specific to your circumstances.

Not sure which type of will is right for your situation?

Speak to a specialist solicitor listed on Qredible. They can assess your family structure, assets, and long-term goals, then recommend the exact will type that protects your loved ones.

NEXT STEPS:

Once you’ve decided which type of will suits your circumstances, taking action is straightforward.

• Gather information: List assets, decide beneficiaries, choose executors, and name guardians for minor children.
• Decide DIY vs. solicitor: DIY suits single people with simple estates; solicitors recommended for couples, property, blended families, or significant assets.
• Find a solicitor: Seek a wills and probate solicitor regulated by the SRA, check reviews, request fixed-fee quotes, and verify relevant experience.
• Execute your will: Sign in front of two independent witnesses (non-beneficiaries) under Section 15 of the Wills Act 1837; your solicitor arranges this.
• Store safely and review: Keep your original will in safe storage, inform executors of its location, and review every 3–5 years or after major life events.