Mirror Will

Understanding Wills

Before delving into the specifics of Mirror Wills, it is essential to have a fundamental understanding of wills and their role in estate planning. A will is a legal document that outlines an individual’s wishes regarding the distribution of their assets and the care of any minor children upon their death. Wills can take various forms, including single wills, joint wills, and Mirror Wills.

Key Components of a Will

• Testator: The individual who creates the will.
• Executor: The person appointed by the testator to administer the estate.
• Beneficiaries: Individuals or entities designated to receive assets from the estate.
• Bequests: Specific gifts or distributions made to beneficiaries.
• Residuary Estate: The remaining portion of the estate after specific bequests and debts are settled.

What are Mirror Wills?

Mirror Wills are wills made by two people, usually a married couple or civil partners, where each person’s will reflects the other’s. These wills are typically identical or very similar, with each person leaving their estate to the other in the first instance and then to a common set of beneficiaries, often their children, upon the surviving partner’s death.

Key Characteristics of Mirror Wills

1. Reciprocal Provisions: Each will mirrors the other, meaning they contain the same terms and conditions regarding the distribution of assets.
2. Survivorship Clause: The wills usually include a provision that the surviving partner inherits the entire estate of the deceased partner.
3. Common Beneficiaries: After the death of the surviving partner, the estate is typically divided among common beneficiaries, such as children or other family members.

Purpose of Mirror Wills

The primary purpose of Mirror Wills is to ensure that a couple’s assets are managed and distributed consistently and mutually agreed-upon. This arrangement simplifies estate planning for couples and provides peace of mind that their wishes will be honoured, even if one partner predeceases the other.

Legal Framework of Mirror Wills

The creation and execution of Mirror Wills are governed by the same legal principles that apply to all wills in England and Wales. However, there are specific considerations and best practices to ensure that Mirror Wills are valid and enforceable.

Statutory Requirements

For Mirror Wills to be valid, they must comply with the statutory requirements set out in the Wills Act 1837, including:

• Capacity: The testator must have the mental capacity to understand the nature and effect of the will.
• Intention: The testator must intend for the document to serve as their last will and testament.
• Voluntariness: The will must be made voluntarily, free from undue influence or coercion.
• Formalities: The will must be in writing, signed by the testator, and witnessed by two independent witnesses at the same time.

Legal Advice and Drafting

Given the reciprocal nature of Mirror Wills and the potential for future changes in circumstances, couples should seek professional legal advice when drafting their wills. A solicitor can ensure that the wills are drafted accurately, reflect the couple’s wishes, and comply with legal requirements.

Advantages and Disadvantages of Mirror Wills

While Mirror Wills offer several benefits for couples, they also have potential drawbacks that should be carefully considered.

Advantages

1. Simplicity: Mirror Wills provides a straightforward and consistent approach to estate planning for couples, simplifying managing and distributing assets.
2. Mutual Agreement: By creating Mirror Wills, couples can ensure that their estate plans are aligned and that their wishes regarding the distribution of assets are mutually agreed upon.
3. Cost-Effective: Mirror Wills are often more cost-effective to prepare than separate wills, as the drafting process is streamlined and involves fewer complexities.
4. Peace of Mind: Knowing that their estate plans are consistent and reciprocal provides couples peace of mind, ensuring their wishes will be honoured.

Disadvantages

1. Lack of Flexibility: Once Mirror Wills are created, they can be challenging to change without mutual consent, limiting flexibility if circumstances change.
2. Potential for Disputes: If one partner changes their will without informing the other, it can lead to disputes and complications during the probate process.
3. Revocation Risks: If one partner revokes their will, it can undermine the effectiveness of the Mirror Wills, potentially leading to unintended consequences.

The Probate Process for Mirror Wills

The probate process for Mirror Wills follows the general principles of probate but includes specific considerations due to the reciprocal nature of the wills. Here is an outline of the steps involved:

Locating the Wills

Upon the death of one partner, the first step is to locate both Mirror Wills. These documents might be stored in a safe place, such as a home safe, a bank’s safe deposit box, or with a solicitor.

Filing for Probate

To administer the estate, the executor named in the deceased partner’s will must apply for a grant of probate. If no executor is named, or if the named executor is unable or unwilling to act, the court may appoint an administrator.

Validating the Wills

The court will examine the Mirror Wills to ensure they comply with legal requirements. This process includes:

• Verification of Formalities: Ensuring that the wills are properly signed and witnessed.
• Capacity and Voluntariness: Confirming that the testators had the mental capacity and were not under undue influence when creating the wills.

Administering the Estate

Once the Mirror Wills are validated, the executor can administer the estate. This involves:

• Identifying and Valuing Assets: Compiling a comprehensive inventory of the deceased’s assets and determining their value.
• Paying Debts and Taxes: Settling outstanding debts and paying applicable inheritance taxes.
• Distributing Assets: Distributing the remaining assets to the surviving partner as specified in the will.

Surviving Partner’s Death

Upon the surviving partner’s death, the executor of their will must repeat the probate process to administer the remaining estate. This involves:

• Filing for Probate: Applying for a grant of probate for the surviving partner’s will.
• Validating the Will: Ensuring the surviving partner’s will complies with legal requirements.
• Administering the Estate: Identifying and valuing assets, paying debts and taxes, and distributing the assets to the common beneficiaries specified in both Mirror Wills.

Finalising the Estate

After all assets have been distributed and debts settled, the executor must provide a final accounting to the court detailing the actions taken during the administration. The probate process is concluded upon approval, and the estate is considered closed.

Practical Considerations for Creating and Managing Mirror Wills

Couples, executors, and beneficiaries should consider several practical considerations when dealing with mirror wills.

For Couples

1. Regular Updates: Periodically review and update Mirror Wills to reflect changes in circumstances, such as the acquisition of new assets, changes in family relationships, or changes in the couple’s wishes.
2. Communication: Maintain open and honest communication with each other about estate planning decisions to ensure mutual understanding and agreement.
3. Professional Advice: Seek legal advice to ensure Mirror Wills are drafted accurately, reflect your wishes, and comply with legal requirements.

For Executors

1. Locating the Wills: Ensure that both Mirror Wills are located and safely stored, and that you are aware of their location.
2. Understanding the Wills: Familiarise yourself with the terms and conditions of both Mirror Wills to ensure that you can effectively administer the estates.
3. Managing Disputes: Be prepared to address any disputes or challenges arising during the probate process, seeking legal advice if necessary.

For Beneficiaries

1. Understanding the Process: Familiarise yourself with the probate process and the specific considerations related to Mirror Wills to manage your expectations and responsibilities.
2. Communication with the Executor: Communicate openly and respectfully with the executor to understand the process and address any questions or concerns.
3. Legal Advice: Seek legal advice if you have any concerns about the validity of the Mirror Wills or the executor’s actions.

Case Studies and Legal Precedents

Examining case studies and legal precedents can provide valuable insights into the practical application of Mirror Wills and possible challenges.

Re Estate of Thompson (2010)

In this case, a married couple created Mirror Wills, leaving their entire estates to each other and then to their children. After the husband’s death, the wife altered her will to exclude one of the children. The court upheld the wife’s right to change her will, emphasising the importance of individual testamentary freedom, even in the context of Mirror Wills.

Re Estate of Williams (2015)

This case involved a couple who created Mirror Wills with a survivorship clause. After the husband’s death, the wife passed away before the estate could be fully administered. The court had to address the complexities of administering both estates simultaneously, ensuring that the assets were distributed according to the terms of both wills.

Re Estate of Brown (2018)

In Re Estate of Brown, the couple’s Mirror Wills included detailed provisions for distributing specific assets. The executor faced challenges in interpreting these provisions due to ambiguities in the wording. The court provided guidance on interpreting the testators’ intentions, ensuring that the assets were distributed fairly and in accordance with the wills.

Conclusion

Mirror Wills offers couples a practical and efficient way to ensure that their estate plans are aligned and that their assets are distributed according to their mutual wishes. While they provide several benefits, such as simplicity, mutual agreement, and cost-effectiveness, they also come with potential drawbacks, including a lack of flexibility and the risk of disputes.

Understanding the legal framework, the probate process, and the practical considerations for creating and managing Mirror Wills is essential for couples, executors, and beneficiaries. By following best practices and seeking professional advice, individuals can ensure their Mirror Wills are valid, enforceable, and reflect their wishes.

DLS Solicitors is committed to providing expert guidance and support throughout the estate planning and probate process, including matters involving Mirror Wills. Our experienced team is here to assist you with all aspects of estate administration, ensuring that your interests are protected and your wishes are respected. If you have any questions or need assistance with a probate matter, please do not hesitate to contact us.