Mirror wills or single wills: which is right for you?

Couples often ask whether they need one will each or a pair of matching wills. The answer depends on whether your wishes are the same, and on whether either of you has children from an earlier relationship. This guide explains the difference and when each one fits.

What a single will is

A single will is a will for one person. It sets out who inherits your estate, who acts as your executors, guardians for any children under eighteen, and any particular gifts. Anyone can make one, whether or not they have a partner.

What mirror wills are

Mirror wills are two separate wills, one for each partner, with terms that reflect each other. The most common pattern leaves everything to the other partner first and then, when the second of you dies, to the children or other chosen beneficiaries. Each will is a document in its own right, so either of you can change yours later without the other's agreement.

When mirror wills are the right choice

Mirror wills suit couples who:

• want the same arrangements as each other
• have children together and want them to inherit after you have both gone
• would choose the same executors and guardians
• would like to sort both wills out in a single meeting

They work for married couples, civil partners and unmarried partners alike. For unmarried partners they matter even more, because without a will a partner inherits nothing under the intestacy rules.

When mirror wills are not enough

The weak point of a plain mirror will is that the survivor is free to change theirs afterwards. That rarely causes a problem where a couple have only children in common. It can cause real problems where:

• one or both of you have children from an earlier relationship
• you want to be sure your share of the home ends up with your own children
• there is a risk the survivor could remarry, which usually cancels their will
• the survivor might need residential care, which could use up the whole estate

In those situations a will with a trust in it, often called a property protection trust or life interest trust, lets the survivor stay in the home and benefit for life while your own share is preserved for the people you choose. Two single wills, each written around one person's circumstances, may be the better option.

When single wills make sense for a couple

Two single wills suit couples whose wishes genuinely differ: different beneficiaries, different executors, or different views on how children from earlier relationships should be treated. There is nothing wrong with this. A will is personal, and matching for the sake of it helps no one.

Can we change our minds later?

Yes. Both single and mirror wills can be replaced at any time while you have capacity. A new will normally revokes the old one. If circumstances change, for example a new grandchild, a house move or a separation, it is worth reviewing what you have.

Deciding together

The simplest way to decide is to talk it through, ideally with both of you in the room. We see couples at home across Norfolk and Suffolk, listen to what you each want, and explain honestly whether mirror wills will do the job or whether something more is needed.