Mirror Wills (England & Wales)
Practical guidance on mirror wills, survivorship clauses, and fallback beneficiaries. General information, not legal advice.
Last updated: 10 February 2026
What Are Mirror Wills?
Mirror wills are two separate wills (one for each partner) that usually follow the same structure. A common setup is: each partner leaves their residuary estate to the other partner first, then to the same people (often children) when the second partner dies.
Mirror Wills vs Mutual Wills
Mirror wills are not automatically binding. The surviving partner can usually change their will in the future. If you want to create a plan where the survivor can never change the ultimate beneficiaries, that moves into “mutual will” territory and you should take solicitor advice.
The “Partner First, Then Gift-Over” Structure
In our wizard, the most common mirror wills structure is:
- Partner A leaves 100% of their residuary estate to Partner B
- Partner B leaves 100% of their residuary estate to Partner A
- Each will includes fallback (contingent) residuary beneficiaries, so the estate still goes where intended if the partner does not inherit
Survivorship (28 Days)
Some wills apply a survivorship condition (often 28 days) so a beneficiary must survive the testator by that period to inherit. This can reduce situations where assets pass twice in quick succession if deaths occur close together.
If you apply survivorship, you should also have a clear fallback plan (contingent residuary beneficiaries). Without a gift-over clause, a survivorship condition can create risk of unintended outcomes.
Fallback Beneficiaries (Contingent Residuary)
Fallback beneficiaries inherit the residuary estate if the primary residuary gift fails. In mirror wills, this is typically “children in equal shares” (or similar), but you can choose any arrangement that reflects your wishes.
Witnessing and Signing
Your will must be signed and witnessed correctly to be valid. As a general rule, do not use a witness who is a beneficiary under your will, and avoid using a witness who is the spouse or civil partner of a beneficiary.
For mirror wills, partners often leave their estate to each other. That means you typically should not witness each other's wills.
Read our Signing Your Will guide for a practical checklist.
Life Events: When to Review Your Wills
- Marriage or civil partnership can revoke an existing will (unless drafted for it).
- Separation, divorce, or dissolution can affect appointments and gifts.
- Review after births/adoptions, major asset changes, or changes in relationships.
Important note about jointly owned property
When to Get Advice
Online mirror wills are often suitable for straightforward situations. You should consider advice if your circumstances are complex, for example: blended families, overseas assets, business interests, significant tax planning, expected disputes, or if you want a plan that the survivor cannot change.
This guide is general information for England and Wales and is not legal advice. If you are unsure about your circumstances, seek advice from a qualified solicitor.
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