Exploring the Benefits and Considerations of Joint Estate Planning
Estate planning is a crucial aspect of ensuring that your assets are distributed according to your wishes after your passing. One popular option for couples is the creation of Mirror Wills, which essentially mirror each other’s terms and conditions. We spoke with Gill Werrett at AFPS Wills & Estate Planning Experts about what Mirror Wills are and the various pros and cons associated with this estate planning approach.
What is a Mirror Will?
A Mirror Will is a pair of nearly identical wills typically created by a couple, often spouses or civil partners. These wills reflect each other’s wishes, ensuring that the assets and estates of both parties are distributed in a similar manner. They commonly involve reciprocal gifts and the appointment of the same or reciprocal executors and beneficiaries. Mirror Wills are designed to ensure that each partner’s wishes are aligned, providing peace of mind that the surviving partner will be taken care of in the event of one’s passing.
The Pros of Mirror Wills
Mutual Agreement: Mirror Wills allow couples to maintain a mutual understanding of their estate distribution, promoting transparency and consensus regarding their final wishes.
Simplified Process: Creating Mirror Wills can streamline the estate planning process, as the structure of the wills is often identical, minimising the complexities associated with drafting separate documents.
Financial Security: Mirror Wills can provide financial security to the surviving partner, ensuring that they are adequately provided for after their loved one’s passing.
Consistent Distribution: By mirroring each other’s wishes, Mirror Wills help ensure a consistent and fair distribution of assets, reducing the likelihood of potential disputes among beneficiaries.
The Cons of Mirror Wills
Lack of Flexibility: Mirror Wills may lack the flexibility needed to accommodate changes in circumstances, such as new relationships, changes in financial status, or modifications in familial dynamics.
Potential Complications: If one partner wishes to make changes to their Will without the knowledge of the other, it can lead to complications or unintended consequences, especially if the changes are not reflected in the other Will.
Risk of Survivorship Issues: In cases where the surviving partner changes their Will after the other’s passing, there is a risk that the initial intentions of the Mirror Wills might not be honoured, leading to disputes among beneficiaries.
Legal Limitations: Mirror Wills may not always cater to complex family structures, especially in cases where there are children from previous relationships or non-traditional family arrangements, potentially leading to legal challenges.
When considering the establishment of Mirror Wills, it is crucial for couples to carefully assess their unique circumstances and consult with estate planning experts, like us, to ensure that their estate planning needs are adequately addressed. While Mirror Wills offer certain benefits, they may not be suitable for all situations, emphasising the importance of informed decision-making in the estate planning process.
Gill Werrett
If you would like to find out more about Mirror Wills or would like to speak to Gill about your will then please get in touch with her here.
Please note: The Financial Conduct Authority does not regulate Wills and Estate planning.