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Original poster

Mirror wills. Does it give you security after death?

26 replies

purpledalmation · 15/03/2023 12:38

DH and I have mirror wills with the survivor remaining in the property until death and each owning 50% of the property. House is paid off. The property/estate then would pass to DC. Very simple.
I thought a mirror will would give security that the will would remain in force and not be changed. However I'm now concerned that (if I died) DH could remarry and my 50% of the house could be disregarded, or my wishes. If he did not remarry, could he change his will and exclude the DC (he wouldn't but theoretically)?

OP posts:
Lovelyveg82 · 15/03/2023 12:47

Flipping heck op

But yes he could change his will. His will is precisely that. His will.

TeenDivided · 15/03/2023 12:48

He can change his will.
What you may want to do is leave your half to the DC but give him 'lifetime interest'.
Talk to a solicitor.

Lovelyveg82 · 15/03/2023 12:50

I’m guessing step children are also involved in this scenario?

Choconut · 15/03/2023 12:52

If he married someone else then the house would be half theirs if they split or he died no matter what he put in his will wouldn't it? Because they're married.

endofthelinefinally · 15/03/2023 12:54

Yes he could/ can change his will at any time. If he remarried his will would be invalid anyway and if he didn't make a new one his new wife would get everything. So you need to get proper advice now.

GnomeDePlume · 15/03/2023 12:56

DH and I discussed this. Ultimately we decided to keep it simple. We have mirror wills. After one of us dies the estate is left to the other without any restriction.

Our reasoning for this was that we had seen DMIL go into a care home. Having her home to sell meant that there was a better choice available to her.

prh47bridge · 15/03/2023 13:38

It depends what your will actually says. If the house is owned as tenants in common and your will gives him a life interest with it then passing to your children on his death, that is secure. Whilst he can change his will, there is nothing he can do to change what happens to your half of the house when he dies.

However, if your will simply leaves your half of the house to him and you are relying on his will to ensure it passes to your children when he dies, that is not secure. He can change his will at any time. And if he remarries, that automatically invalidates his will.

prh47bridge · 15/03/2023 13:42

Choconut · 15/03/2023 12:52

If he married someone else then the house would be half theirs if they split or he died no matter what he put in his will wouldn't it? Because they're married.

No. Marrying does not alter ownership of the house. If the house is currently owned as tenants in common, a new wife would not have any claim against OP's portion of the house if he dies or they divorce. A new wife may have a claim against his portion of the house, but she doesn't automatically receive half of it.

EyesOnThePies · 15/03/2023 13:43

If you own your house as Tenants In Common you can leave your half the house to your kids and a lifetime interest to the surviving partner.

If you own your house as joint tenants the survivor automatically becomes sole owner and can then do what they like in terms of a will.

If you have your own savings and / or a defined contribution pension you can leave your money and other assets (jewellery, car, anything of value that is yours) to your kids, and name them as beneficiaries of your pension.

At least 3 of my friends have watched their widowed fathers inherit everything from their deceased wife, leave everything to a new wife, invariably younger so survives him, who then leaves everything to her own children.

skyeisthelimit · 15/03/2023 13:56

If you want your DC to inherit then you need to make a will that says that. A mirror will means nothing. It can be changed, would be invalid upon remarriage as PP have said.

You need to own your house accordingly and leave your share in trust to your DC with him able to live in it for life or whatever you agree.

Your DC could end up with nothing if you don't do this properly.

Original poster
purpledalmation · 15/03/2023 15:00

prh47bridge · 15/03/2023 13:38

It depends what your will actually says. If the house is owned as tenants in common and your will gives him a life interest with it then passing to your children on his death, that is secure. Whilst he can change his will, there is nothing he can do to change what happens to your half of the house when he dies.

However, if your will simply leaves your half of the house to him and you are relying on his will to ensure it passes to your children when he dies, that is not secure. He can change his will at any time. And if he remarries, that automatically invalidates his will.

we are tenants in common and he has a life interest in the 50% I own, so my wishes regarding my 50% going to the DC should be covered. Currently his says the same, but I understand he can change his will and leave his 50% as he wishes. I don't think he will though.

I just got confused between mirror wills and a joint will.

OP posts:
Original poster
purpledalmation · 15/03/2023 15:00

Marlowe wills did the wills so I'm assuming they are correct.

OP posts:
GooseberryCinnamonYogurt · 15/03/2023 15:54

Mirror wills can be changed

Mutual mirror wills cannot

You need the latter if you absolutely don't want changes made after your death

prh47bridge · 15/03/2023 16:10

GooseberryCinnamonYogurt · 15/03/2023 15:54

Mirror wills can be changed

Mutual mirror wills cannot

You need the latter if you absolutely don't want changes made after your death

Mutual wills are rarely appropriate because of the inflexibility.

The will OP has got guarantees that her half of the house goes to her children when she and her husband die.

DustyLee123 · 15/03/2023 16:12

TeenDivided · 15/03/2023 12:48

He can change his will.
What you may want to do is leave your half to the DC but give him 'lifetime interest'.
Talk to a solicitor.

This.
Please secure your half for your children, unfortunately I lost out due to one of my parents not doing.

lunar1 · 15/03/2023 19:13

I have left some assets directly to my children for this reason. DH will have the house without a mortgage. My children will have my personal savings and a rental apartment split between them. No way am I risking some random woman ending up with everything.

Everyone says their significant other would never do that, but we see it often enough!

Lovelyveg82 · 15/03/2023 19:29

Can’t imagine being married to someone that I have even the slightest inkling would screw over my children in the event I was dead.

Mumblechum0 · 15/03/2023 19:35

@purpledalmation if you have life interest trusts in the wills, then your respective shares will go to your children.

So if you die first, the trust of your half of the house will be registered with HMRC and HM Land Registry.

If your husband changes his will, he can only dispose of his share of the house, yours is secure.

Please feel free to email me if you'd like me to look at your will and answer any further questions.

prh47bridge · 15/03/2023 21:22

Lovelyveg82 · 15/03/2023 19:29

Can’t imagine being married to someone that I have even the slightest inkling would screw over my children in the event I was dead.

The problem is it may happen unintentionally unless you take steps to guard against it. If he remarries after you die and then dies without making a new will, the first £270k of his estate plus half of anything over that will go to his new wife. Depending on the size of his estate, that could leave your children with nothing.

TeenDivided · 16/03/2023 06:10

Second wives, who have an eye for their own children, can encourage someone to not be as fair as they might - see Sense and Sensibility.

AnOldCynic · 16/03/2023 06:57

Lovelyveg82 · 15/03/2023 19:29

Can’t imagine being married to someone that I have even the slightest inkling would screw over my children in the event I was dead.

My dad probably thought that. Unfortunately he re-married after my mum died to someone who did exactly that. His children got nothing, his grandchildren a (very) nominal sum.

TheaBrandt · 16/03/2023 07:04

You need to take advice on your own circumstances it’s not one size fits all with wills. Life interest trust wills aren’t right for every couple.

Soontobe60 · 16/03/2023 07:07

purpledalmation · 15/03/2023 15:00

we are tenants in common and he has a life interest in the 50% I own, so my wishes regarding my 50% going to the DC should be covered. Currently his says the same, but I understand he can change his will and leave his 50% as he wishes. I don't think he will though.

I just got confused between mirror wills and a joint will.

Show quote history

Can I suggest that you both get Power of Attorney sorted out asap for finances?
Your situation is the same as my DM and her dH was. All looked fine on paper. However, when she suddenly died last year, her DH was about to go into a care home with advanced dementia. He lacks any capacity to make decisions. So here we are a year on with a house sitting empty and costing money to maintain, I am applying to the Court of Protection to do 2 things - be able to manage his finances, and to replace him as a trustee so that the house can be sold. It’s complicated and not cheap! If I had got POA before, it would have been very simple.
POAs can be done simply online and cost about £80 to do. If you make the your beneficiaries of your share of the house your representatives (if that’s the right name) it will make life so much easier for them should you lose capacity to make financial decisions yourself.

endofthelinefinally · 17/03/2023 15:26

Lovelyveg82 · 15/03/2023 19:29

Can’t imagine being married to someone that I have even the slightest inkling would screw over my children in the event I was dead.

It happens extremely frequently. Usually because the widower marries again and has no idea that his will is automatically invalidated. People generally are so ignorant about wills and estate planning and it causes so much heartache. Often it isn't the money, it is sentimental things, like wedding rings, paintings, diaries, letters, family items that have little monetary value, but are of huge sentimental value.

TheaBrandt · 18/03/2023 11:31

The pushing of “free” wills and down grading of them is to blame here. It’s not just about the Will itself - people need proper legal advice appropriate to their circumstances when making then. Cannot believe people of means would risk squandering all the assets they have spent a lifetime building up to save a couple of hundred quid 🙄