Clarion Solitors UK
By Stephanie Parish
December 29th, 2025
Confused about the terms “Mirror Wills” and “Mutual Wills”? They are very different concepts. This article aims to explain the basic difference between them, as well as the pros and cons of each.
What are Mirror Wills?
Mirror Wills are extremely common and in theory, unproblematic. Mirror Wills are the standard Wills a couple (married or not) may make which simply mirror each other. Typically, they may say for example, upon the death of one party everything will fall to the other and then upon second death, onto their children. Mirror Wills are produced day in, day out across the country.
What are Mutual Wills?
In simple terms, mutual Wills are an agreement, generally between two individuals, to make their Wills at the same time on agreed terms with a legally binding obligation that the Wills shall not be altered after the death of the first party. It is nothing more than a contractual agreement throughout the lives of two parties. However, once one party to the agreement has died, having carried out his part of the agreement (i.e. dying with the mutual Will as his/her last Will), the surviving party is similarly bound by the agreement. If the survivor subsequently makes a new Will contrary to the mutual Will previously agreed, the law of equity (i.e. the law of what is right and fair) imposes a “constructive trust” over their estate upon their death, so as to ensure the terms of the original mutual Will are ultimately upheld. If you are tempted by the advantages of mutual Wills, especially for blended families, it would be wise to seek guidance and consider “less risky” alternatives…
