Mutual wills
Create a mutual will that protects your and your partner’s wishes, and ensures your estates are managed as you intend, even after one of you passes away.
Lock in your wishes
Protect your long-term plans
Prevents future partners from altering inheritance plans
We’re a broker, not a provider—checking your eligibility across our panel of trusted partners.
What are mutual wills?
Mutual wills are a legal agreement between two people, typically a married couple or partners, where both agree to make identical wills that can't be changed after one of them passes away.
The idea is to make sure that the surviving partner or family can't change the terms of the will, especially how assets are distributed after both partners have died. This can be important in situations where you want to protect the inheritance rights of children or other beneficiaries.
The main feature of mutual wills is the mutual commitment between two people. Once one partner dies, the surviving partner is legally bound to stick to the terms of the mutual will. This provides peace of mind, especially in blended or complex families.
Why people choose mutual wills
If you're looking into wills for you and a partner, it's helpful to understand the main reasons people choose to create mutual wills:
Children's inheritance
One of the most common reasons people choose mutual wills is to make sure that children from previous relationships or other family members will inherit according to their wishes. This is particularly important when there's a concern about changes that could benefit new partners or stepchildren.
Get your quoteAvoiding disputes
Mutual wills can help prevent family disputes after one partner passes away. With mutual wills, the surviving partner is legally bound to uphold the terms of the will, which helps avoid arguments and challenges that might arise from changes they may wish to make.
Get your quoteFair distribution
Couples who want to ensure fairness between children or other beneficiaries often use mutual wills. By making a mutual will, both parties agree in advance on how their estates will be divided, which can help avoid unequal or unfair distributions after death.
Get your quoteSecond marriages
When one partner remarries, mutual wills are often used to protect children from a previous marriage. A mutual will can prevent a surviving spouse from changing the will to favour their new spouse or their own children. It ensures that the original children inherit what was promised.
Get your quotePeace of mind
A mutual will offers peace of mind, knowing that both parties are committed to the same intentions. It can provide assurance that after one person dies, the survivor will have no choice but to follow through on the agreed terms of the inheritance, which reduces stress and uncertainty.
Get your quoteComplex families
In families with complex relationships - such as second marriages, stepchildren, or estranged family members - a mutual will can clarify both partners' intentions and reduce the chances of misunderstandings or legal challenges after death.
Get your quote
Mutual wills vs. mirror wills
Although both options involve similar or identical wills, there are significant legal differences:
Mirror wills
Mirror wills are essentially two separate wills made by two people, where each mirrors the other in terms of beneficiaries and distribution. There's no binding legal agreement between the two parties, and each partner has the freedom to change or revoke their will at any time. This means that the original intentions might not be honoured.
Mutual wills
Mutual wills are a legally binding agreement between two people, meaning the survivor can't change their will once the other has died. A mutual will restricts the surviving person from altering the distribution of assets, providing more certainty and security for the beneficiaries. If the surviving partner doesn’t honour the terms of the mutual will, the beneficiaries can take legal action.
Mutual wills pros and cons
Advantages
- Legal security: The surviving partner is legally bound to follow the terms of the mutual will after the other has died.
- Prevents changes: A mutual will stops the surviving partner from altering the distribution of assets, ensuring certainty and fairness.
- Peace of mind: Both parties know that their wishes will be carried out even after one of them dies.
- Avoids disputes: Mutual wills reduce the likelihood of challenges and disagreements among heirs.
Disadvantages
- Inflexibility: After the first death, the surviving partner can't change the will, even if their circumstances change.
- Legal complexity: Mutual wills can be complex to set up, and you may need professional legal advice to make them valid and effective.
- Potentially costly: Setting up mutual wills can involve additional costs, especially if you need legal assistance.
- Hardship risk: The surviving partner could face financial difficulties because they can't alter the will if their circumstances change.
Should I make a mutual will?
If you want to ensure that your partner follows through with your agreed plans for inheritance, particularly in cases involving children from previous relationships or complex family dynamics, a mutual will could be a good solution. But it’s important to understand the inflexibility of mutual wills and consider if you may need to make changes to your will in the future. It’s wise to consult with a solicitor to ensure this is the best route for you and that the will is properly set up.
Types of mutual wills
1. Standard mutual will
This is the most basic form of mutual will, where both partners agree to the same terms, such as the distribution of property or assets. It ensures that after the death of the first partner, the survivor can't alter the terms.
2. Joint mutual will
A joint mutual will is often used in the case of couples or partners. It’s a single document signed by both parties, where both agree to mirror each other’s wishes and commit to not changing them once one party has died.
3. Testamentary mutual will
This version involves a detailed written agreement that outlines how the estate should be managed after both parties die. It includes detailed terms that make sure the surviving testator is restricted in their ability to manage the assets.
4. Will with a trust
Some mutual wills agreements include a trust to manage the estate. They can provide more flexibility in how assets are distributed. Such wills require careful legal drafting to make sure everything is set up as you intend.
Some couples create "life interest" trusts, where the surviving partner may have the right to live in the family home or receive income from the assets, before they pass to other beneficiaries upon their death.
5. Mutual will with family protection
This type of will includes specific provisions for family members or children, especially when there’s a need to protect them from changes made by a surviving partner. This can be helpful in situations involving stepchildren or complex family dynamics.
6. Mutual will with a living will
Some people choose to combine mutual wills with a living will, which sets out their wishes regarding medical treatment and end-of-life care. This combination can help provide clarity and protection for both parties while reducing anxiety around certain medical interventions.
How to find and draft the ideal mutual will
If you're looking to create a mutual will, use our checklist to guide you through the application process.
Our expert says:
‘’Mutual wills create a strong bond between partners' estates, so their intentions are honoured after both have passed away. They can offer peace of mind, but they also lock in decisions that may not be ideal if your needs change. It’s worth considering whether this extra certainty outweighs the lack of flexibility.”
Frequently Asked Questions
Can a mutual will be changed after one party dies?
No, a mutual will can't be changed after one party has passed away. When you create a mutual will, you and your partner agree to the terms, and these terms become legally binding after the first death. The survivor can't alter the will's provisions, even if their circumstances change.
What happens if the surviving partner changes their mind about the will?
In the case of a mutual will, the survivor must stick to the agreed terms. If they try to alter the distribution of assets or make a new will that contradicts the mutual will, the beneficiaries could seek to enforce the original will by taking legal action.
Can I make a mutual will without a solicitor?
While it's possible to create a mutual will without a solicitor, it's not recommended. A mutual will is a complex legal document that requires careful drafting to ensure it's enforceable. A solicitor can help make the terms of the will clear and legally binding.
Are mutual wills only for married couples?
No, mutual wills aren't limited to married couples. While they're commonly used by married couples or long-term partners, mutual wills can be created by anyone who wants to ensure that their estate is distributed according to a fixed plan after their death.
Do mutual wills apply to everything in the estate?
Yes, mutual wills can apply to all aspects of an estate, including property, money, assets, and personal belongings. The will can specify how the entire estate should be divided between the beneficiaries, according to the mutual agreement.
Can mutual wills be contested?
While mutual wills can be contested, doing so can be more difficult than contesting an ordinary will. In general, a mutual will is binding and the surviving party has a legal obligation to follow its terms. But there may still be grounds for contesting the will if it can be proven that it was made under undue influence, duress, or if the person was not of sound mind when the will was signed.
Related retirement pages
We make retirement easier with detailed guides that walk you through every step.
Learn more about mutual wills
Explore trusted advice on how mutual wills work, their legal effects, and whether they’re the right choice for you and your partner.
