Wills and Probate

Mutual or Mirror Wills

The increase in the divorce rate over the last 20 or so years has led to increasing demands from many to provide an alternative to the Mirror Will used by married couples for a great many years. 

While a Mutual Will can help to ensure that on a second marriage the Estate of the second party to die passes with total certainty, it has the drawback that Wills drafted as Mutual Wills provide complete inflexibility.  While the Chancery Division of the High Court can enforce a Mutual Will of a surviving spouse if made after the death of the first spouse, such a Will is far more onerous being in itself a contract with a Trust imposed on it. 

However, unlike Mirror Wills which may be changed after the death of a spouse, Mutual Wills do achieve greater certainty that the wishes of the spouse who dies first will be met on the death of his or her surviving spouse.  It is important to specify a Mutual Will is such a Will and this description should be referred to in a Will of this nature. 
 

To discuss your own situation or to make an appointment, contact one of the lawyers in the Private Client department, Felix Appelbe or Helen Freely on 020 7242 7000 or use the Contact Request Form.

© Ambrose Appelbe 2004-2008
This web site contains general information only and does not constitute legal advice. You should take suitable advice as to your specific circumstances. Ambrose Appelbe accepts no responsibility and disclaims all liability in relation to such information.