Mutual and mirror wills: the same or similar?

The preparation and execution of mirror wills in this country is not unusual particularly by spouses or those in long-term relationships. However considerable caution should be exercised when preparing the same so as to ensure that the testator does not inadvertently execute a mutual will. Mutual wills are not generally recommended by professional advisers. In this article I explore the difference between mutual and mirror wills and look at a case where beneficiaries successfully argued that mutual wills had been made.

What is a mirror will?

To be classed as a mirror will two (or more) testators must make wills with the terms of each will mirroring the other(s). The will(s) can be changed at any time prior to the death of any testators and also following the death of any of them.

What is a mutual will?

With a mutual will whilst again two (or more) testators would make wills which mirror the contents of the other(s) in this case no will can be altered upon the death of the first testator. Changes can be made to the will(s) prior to the death of any of the testators but...

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