Mirror Wills
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Mirror Wills?
All about Mirror Wills with Sanjiv Sachdeva.What is a Mirror Will and how do they work?
A Mirror Will is sometimes known as a reciprocal or mutual Will. It’s commonly used by spouses or partners who wish to leave their assets to each other, and then to their chosen beneficiaries after both parties have passed away.
Mirror Wills are essentially identical Wills made by two individuals. The contents of each Will reflect the other – hence the name. However, you can specify individual gifts and beneficiaries in each Will.
The Wills name guardians for any minor children and specify beneficiaries for the estate after both parties have died.
Both parties sign their own Wills and witnesses are required to validate the documents.
What is the difference between a Joint Will and a Mirror Will?
A Joint Will is a single document made by two individuals – usually by a married couple and are very rare – involving having two people’s wishes in one Will outlining how their assets will be distributed once one partner dies. The surviving partner is bound by the terms of the joint Will and cannot change it.
Mirror Wills, however, are separate documents made by each individual. They Mirror each other’s provisions, but can be changed independently.
What are the reasons for making a Mirror Will?
Mirror Wills are suitable for couples who have similar wishes regarding the distribution of their assets. They want to ensure that their estate passes to each other and then to the chosen beneficiaries. Mirror Wills provide peace of mind and clarity about each partner’s intentions.
Can you make modifications to Mirror Wills?
Yes, either party can change their Mirror Will at any time as long as they still have the mental capacity to do so. It’s crucial to communicate any changes with the other party, to avoid discrepancies or misunderstandings.
Can you leave gifts in a Mirror Will?
Yes, you can leave specific gifts or legacies in your Mirror Will, such as money, property or personal belongings. You can leave them to either individuals or organisations.
Do you have executors in a Mirror Will?
You should name an executor(s) in your Mirror Will. They will be responsible for carrying out the instructions outlined in the Will after your death. The executor can be a trusted friend, family member or a professional organisation such as Will Power.
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We talk to you about who you would like to benefit and in what amounts, including specific gifts and any charitable legacies, and then help you create the will itself.
Do Mirror Wills require probate? What are the costs?
Like any other Will, Mirror Wills may need to go through probate, depending on the complexity and size of the estate.
The cost of making Mirror Wills is set out on our website. Prices can vary, however, depending on certain factors – such as whether a trust is required to protect assets.
Probate costs are generally a percentage of the value of the estate to be managed. Here at Will Power, probate costs are only payable once we have received the grant of probate for the estate.
Is inheritance tax relevant to Mirror Wills?
Inheritance tax may be applicable to the estate left by individuals including assets transferred through Mirror Wills. This is purely dependent on the size of the estate of each individual and any allowances and exemptions available.
Feel free to ask for our advice on how we can help minimise tax liabilities. As you may know, executors have to ensure that any inheritance tax due on the deceased’s estate is paid within six months of the date of death, to avoid penalties and interests. So it’s always a good idea to get an idea of whether it will apply.
What are the pros and cons of Mirror Wills?
The main pros with a Mirror Will are that they provide clarity and peace of mind for couples regarding the distribution of their assets. They allow customisation of each individual’s Will to reflect their wishes. Having Mirror Wills can help minimise disputes among family members because of that transparency.
A slight drawback is that both parties may feel that they need to agree on the contents of the Mirror Will – but in fact they can have different contents and can be amended in their own right.
But if one party changes their Will without informing the other, it could lead to confusion or disputes. Mirror Wills may not be suitable for couples with significantly different wishes or complex family situations.
What else do we need to know about Mirror Wills?
At Will Power, we offer a combined package for simple Mirror Wills with storage for a one-off fee. This can also be combined with an after care option, whereby you can make as many changes as you wish to a simple Mirror Will, with no repeat fees. That gives you total peace of mind.
Mirror Wills
Why Make Mirror Wills?
If you die without leaving a legally valid Will you will die ‘intestate’. As a result the laws of intestacy will be applied to decide who inherits your money, property and possessions. This means your wishes may not be known and family and loved ones may not be adequately protected leaving them to face legal problems and possible financial hardship.
If you are a couple, married, in a civil partnership or simply in a relationship together, your wishes after you die may be very similar. This means that you can write almost the same wills, Mirror Wills, to reflect both of your wishes. Mirror Wills are virtually identical in substance with the exception of the name of the person making the will and possibly their individual funeral arrangements.
What Are Mirror Wills?
Mirror Wills are practically identical wills where one person bequeaths money, property and possessions, their estate, to their spouse or partner when they die, and commonly then onto their children.
The other person’s will matches, in that they leave everything to the other spouse or partner and then to the children.
This means that when one of them dies, the other spouse or partner is protected, and when the second death occurs, the children inherit the estate.
Our Mirror Wills are appropriate if your circumstances are straightforward.
- If you are married, in a civil partnership or have a partner and want to bequeath your assets to your spouse or partner when you pass away.
- If you have children, they are from your existing marriage or relationship.
- Your assets do not exceed the current Inheritance Tax threshold, or you do not wish to consider care costs or other asset protection.
Our Mirror Wills are devised to ensure your assets pass smoothly and with ease to your loved ones once the time comes.
Our Mirror Wills enable you to appoint your Spouse, Partner or Civil Partner as an Executor, plus other Executors as required.
Our Mirror Wills enable you to choose your Spouse, Partner or Civil Partner to inherit your estate This will then pass to your children, if your Spouse, Partner or Civil Partner has died before you.
How Do I Know If Mirror Wills Are Right For Me?
If you meet the criteria above Mirror Wills are right for you and your spouse or partner, and we will be delighted to write Mirror Wills to meet your needs.
However, with the enormous rise in property prices, the cost of care fees and the complexity of family arrangements you may be unsure how straightforward or complicated your situation is.
Your spouse or partner are able to change their will at any time. Although your wishes may be the same, your individual wills are yours and yours only. You or your spouse/partner may change your will at any time, and you do not have to tell each other. This may be of particularly concern if, after your death, your spouse/partner remarries or has children with somebody else. They could decide to change their will and bequeath your assets to beneficiaries you had not intended. Perhaps even removing financial protection from your own children.
In certain circumstances our Mirror Wills service may not be appropriate for the distribution of your estate. That is why our expert consultants take the opportunity to understand your needs and give help and information on your situation. Our service is free of charge up to the point you decide to proceed with legal documents.
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What Are The Benefits Of Mirror Wills?
Your spouse or partner inherits all your estate
You can protect the future of your children
You minimise Inheritance Tax
An appropriately constructed Will can help minimise Inheritance Tax or even eradicate your liability altogether. Would you rather your family or HMRC reap the benefits of your hard work? We will advise you if Mirror Wills are suitable for your financial circumstances.
You select appropriate Guardians for your children
You decide suitable gifts to other people and charities
You appoint the Executors you trust
How Much Does It Cost To Make Mirror Wills?
Our Mirror Wills are £180+vat.
For all our will writing services, including more intricate Trust Wills or Lasting Powers of Attorney, we will discuss your specific wishes and requirements with you first and agree the fee with you if you then wish us to draft the legal documents.
Don’t Forget
Ensure your will is legal
- Sign it in the presence of 2 witnesses who are both over 18.
- Have it signed by your 2 witnesses, in your presence.
- You cannot leave your witnesses (or their married partners) anything in your will.
If you make any changes to your will you must follow the same signing and witnessing process.
If your Will is not legally signed you may as well have not made one.
Ensure your Executors can find your Will
If your family or executors cannot find your Will after you have died, then you will likely die intestate. Find safe, secure storage for your Will and tell your family and Executors where it is stored.
If your Will cannot be found, you may as well have not made one.
