English law does not recognise the concept of a joint Will. However, two individuals can make “Mirror Wills”.
What are Mirror Wills?
Mirror Wills allow a couple to make separate Wills with terms that are similar or almost identical. For example, a husband and wife can each make a Will which leaves their assets to each other and thereafter to their children in equal shares.
Are Mirror Wills and Mutual Wills the same?
No. Broadly speaking, Mutual Wills form a binding agreement between two people that they will each leave their estate to certain beneficiaries. If one member of a couple dies and the survivor changes their Will, the beneficiaries or the Mutual Wills can sue the estate of the survivor to enforce the terms of the Mutual Will.
In comparison to Mirror Wills, Mutual wills are inflexible, complex and have been the subject of much litigation - they are unlikely to be appropriate in the vast majority of circumstances.
How can Burroughs Day help?
We draft all types of Wills from the most simple to the very complex. If you are interested in making Mirror Wills or having your existing Mirror Wills reviewed, please do not hesitate to contact us for free first advice. We offer free Will & LPA reviews and often provide a fixed fee service so there are no hidden costs or surprises.