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Mutual Wills for Second Marriages: Are They a Good Idea?

· 32 min

Note: The following scenario is fictional and used for illustration.

Sarah, 52, and David, 56, sat in their solicitor's office discussing estate planning for their new marriage. Both had adult children from previous relationships. "We want to make absolutely sure our kids are protected," Sarah said firmly. "We've heard about mutual wills—where neither of us can change our will after the other dies. That sounds perfect for our situation."

Their solicitor paused. "I understand why mutual wills seem attractive," she replied carefully. "But in 15 years of practice, I've only drafted them twice. The last case I saw ended with a £45,000 legal dispute when one surviving spouse couldn't adapt to changed circumstances."

When you remarry with children from a previous relationship, the fear of your children being disinherited can feel overwhelming. Mutual wills promise legal certainty—your new spouse can't change their will to cut out your children after you die. But this ironclad guarantee comes with hidden dangers that could leave your surviving spouse trapped in outdated arrangements and your estate in costly legal battles.

More than one in seven families in England and Wales are now blended families, yet mutual wills remain extremely rare in legal practice. Understanding why solicitors rarely recommend them—and what works better—could save your family from financial heartache and expensive disputes.

This article explains exactly what mutual wills are, why they're so rarely used for second marriages despite their apparent appeal, and which safer alternatives actually work better for blended families.

Table of Contents

What Are Mutual Wills and How Do They Work?

Mutual wills are legally binding agreements between two people—typically spouses—not to change their wills after the first person dies. Once your partner passes away, you're locked into the original agreement. You cannot make a new will favoring different beneficiaries.

This differs fundamentally from regular wills. With a standard will, you can change it whenever you like, right up until death. With mutual wills, that freedom disappears the moment your partner dies.

The legal mechanism works through a constructive trust. When the first partner dies, equity imposes a trust over the survivor's estate. Any new will the survivor makes gets held in trust for the original beneficiaries named in the mutual will agreement.

Emma and James made mutual wills in 2015, leaving everything to each other, then to their four children—two each from prior marriages. Emma died in 2020. James cannot now make a new will favoring only his biological children. He's legally bound to the 2015 agreement, which ensures Emma's children inherit their share.

The binding agreement must be contractually valid, not just a moral promise. As established in *Naidoo v Barton* [2023] EWHC 500 (Ch), the court requires clear evidence of mutual intention to create irrevocable wills. Verbal promises or assumptions aren't sufficient.

Key requirements for valid mutual wills:

  • Clear evidence of binding agreement between parties
  • Explicit wording in the wills or separate contract
  • Mutual intention not to revoke after first death
  • Documentary evidence such as solicitor's notes confirming the agreement
  • Understanding by both parties of irrevocable nature

Mutual wills differ from joint wills, which are a single document signed by both parties. Mutual wills are two separate wills with a contractual agreement linking them.

The "floating trust" concept means the trust doesn't crystallize until the first death. Until then, both parties can change their wills—but only if both agree. After the first death, the survivor's hands are tied.

Which assets are covered by mutual wills often remains unclear, creating a major problem we'll explore shortly. Historically, mutual wills were more common before modern trust law became sophisticated enough to offer more flexible alternatives.

How Mutual Wills Differ from Mirror Wills

Many couples make mirror wills—wills with similar terms leaving everything to each other, then to their children. Mirror wills look almost identical on paper, but they lack the legal binding force of mutual wills.

The critical difference: Either party can change mirror wills at any time, even after the other dies.

Robert and Helen made mirror wills in 2018, each leaving everything to the other, then to their children. Robert died in 2021. Helen can legally change her will tomorrow to leave everything to a new partner or charity. The mirror wills do not bind her in any way.

This flexibility is precisely what makes mirror wills popular—and what makes mutual wills frightening to people in second marriages who worry about "sideways disinheritance."

Here's the comparison:

Feature Mirror Wills Mutual Wills
Can be changed before death Yes, independently Yes, but both must agree
Can be changed after first death Yes No—survivor bound
Legal enforceability None Contractually binding
Evidence required None Explicit agreement needed
Cost £300-£600 £1,500-£2,500+
Common in practice Very common Extremely rare

The *McLean v McLean* [2023] EWHC 1863 (Ch) case perfectly illustrates this distinction. After Reginald McLean died, his wife Maureen changed her will to leave everything to their son Brett, disinheriting her three stepchildren. Reginald's children claimed the original 2017 wills were mutual wills that prevented this change.

The court disagreed. Despite the family's belief that mutual wills existed, the judge found insufficient evidence of a binding agreement. There was trust and expectation, but no legal contract. As the court stated, "mere expectation or moral obligation is not enough."

Common misconception: "We made our wills together at the same appointment, so they must be mutual wills."

This is false. Making wills together, or making similar wills, doesn't create mutual wills. You need explicit agreement—ideally stated directly in the wills themselves—that neither party can change their will after the first death.

The cost difference reflects the additional legal complexity. Mirror wills are straightforward—two independent wills that happen to have similar terms. Mutual wills require careful drafting of the binding agreement, consideration of what happens if circumstances change, and clear documentation of both parties' intentions.

Why Mutual Wills Seem Attractive for Second Marriages

The appeal of mutual wills is obvious when you understand the genuine fear driving people in second marriages: sideways disinheritance.

Here's what keeps people like Sarah and David awake at night: After Michael dies, his widow Linda could change her will to leave everything to her own children, cutting out Michael's daughter Sophie entirely. Sophie would have no legal recourse. The inheritance Michael wanted for his daughter would vanish.

This isn't paranoia. Without protections, it happens frequently in blended families.

Under intestacy rules, when someone dies without a will, the spouse receives the first £322,000 plus personal belongings and half the remainder. Adult children from a previous marriage receive nothing until the spouse dies. If the spouse remarries or changes their will, the first spouse's children can end up with nothing.

Stepchildren have NO automatic inheritance rights unless they were legally adopted. Being raised by a stepparent for decades creates no legal claim to their estate.

Perceived benefits of mutual wills:

  1. Legal certainty for your children—not dependent on trust or goodwill
  2. Prevents survivor from favoring their own children over yours
  3. Protection if survivor remarries again—original agreement still binds them
  4. Peace of mind from legal force, not just promises

David, 55, remarried three years after his divorce. His £450,000 estate is mainly the family home he shares with his new wife Rachel. David's two children from his first marriage are in their twenties. He worries that after he dies, Rachel will live in the house for 20+ years, then leave it to her own daughter instead of his children.

"When you've been through divorce," Sarah explained, "trusting a new partner with your children's inheritance feels impossible. I want legal protection, not just Rachel's word that she'll do the right thing."

This emotional reality is completely valid. Divorce often involves betrayal and broken promises. Asking someone who's experienced that trauma to rely purely on trust feels unreasonable.

Mutual wills promise exactly what people in Sarah and David's situation crave: binding legal force that survives one partner's death and prevents the survivor from breaking their promise.

So why do experienced solicitors almost never recommend them?

The 5 Biggest Problems with Mutual Wills

The problems with mutual wills are so severe that most estate planning solicitors actively discourage them. Here are the five biggest dangers.

Problem 1: Complete Inflexibility

Life changes. Mutual wills don't.

After the first death, the survivor cannot adapt to any changed circumstances, no matter how significant. New grandchildren are born? Can't add them to your will. A beneficiary develops a severe gambling addiction? Can't protect their inheritance through a trust. Your relationship with a stepchild breaks down completely after their parent dies? Still legally bound to leave them a substantial inheritance.

Linda, 68, was bound by mutual wills made with her husband 15 years earlier. In the decade after his death, their son developed a serious drug problem. Linda wanted to create a protective trust so the inheritance wouldn't fuel his addiction. She couldn't—it would breach the mutual will agreement. She was forced to leave money directly to someone she knew would harm themselves with it.

The inflexibility extends to lifetime gifts. In most mutual will agreements, the survivor can't make substantial lifetime gifts either, as this would defeat the purpose of preserving assets for the agreed beneficiaries.

Problem 2: Remarriage Automatically Revokes Them

Here's a problem that shocks most people: Under the Wills Act 1837, Section 18, remarriage automatically revokes your existing will—including mutual wills.

Jane made mutual wills with her first husband in 2014, carefully protecting her children's inheritance. He died in 2017. Jane remarried in 2023. Her mutual will was automatically revoked the moment she said "I do."

But here's where it gets messy: Does the mutual will agreement still apply? Which assets are bound by the original agreement? Can Jane make a new will? Legal opinions differ, creating expensive uncertainty.

One widow's remarriage dispute cost over £45,000 in legal fees to resolve which assets remained subject to the mutual will agreement after her second marriage. The case took three years to settle.

If the point of mutual wills is to bind the survivor, but remarriage automatically revokes them, the entire structure collapses in one of the most common scenarios—the surviving spouse finding love again.

Problem 3: Unclear Which Assets Are Covered

Does a mutual will agreement cover only the assets you owned when you made the wills, or does it include everything you own when you die?

This ambiguity has spawned multiple court cases and no clear answer.

Linda inherited £200,000 from her mother in 2022, eight years after making mutual wills with her deceased husband. Is this inheritance bound by the mutual will agreement made before she received it? Different legal experts give different answers.

The same question arises for lottery winnings, business interests developed after the first death, proceeds from selling property, and investment gains. If you owned £300,000 in assets when making mutual wills, but die with £800,000, what happens to the extra £500,000?

Some solicitors argue the mutual will binds ALL assets at death. Others say it only applies to assets existing when the wills were made. Courts have gone both ways depending on the specific wording and evidence.

This uncertainty makes mutual wills a litigation risk. When the survivor dies, beneficiaries may fight over which assets the agreement covers, costing tens of thousands in legal fees.

Problem 4: Survivor Can Spend Everything

Here's a problem that often surprises people: Mutual wills don't prevent the survivor from spending or gifting assets during their lifetime.

John and Patricia made mutual wills agreeing to leave £400,000 to John's children from his first marriage. Patricia died first. John, now bound by the mutual will, lived for 15 more years.

During those years, John spent £300,000 on care home fees, holidays, and helping Patricia's daughter through financial difficulties. When John died, only £100,000 remained for his children—far less than the mutual will promised.

Did John breach the mutual will agreement? Arguably not. He had every right to spend his own money during his lifetime. The agreement binds him not to change his will, not to live like a monk.

This problem can completely defeat the purpose of mutual wills. The survivor isn't trying to cheat anyone—they're simply living their life and dealing with expenses like healthcare, home repairs, or family emergencies. But the result is the same: the original beneficiaries receive far less than intended.

Problem 5: Extremely Difficult to Prove and Enforce

Even when parties intend to create mutual wills, proving they exist after death is surprisingly difficult.

In *McLean v McLean* [2023] EWHC 1863 (Ch), Reginald's children genuinely believed their father and stepmother had made mutual wills. The whole family understood that neither would change their will after the first death. Both parents had expressed this intention verbally.

The court still found NO mutual wills existed. Why? The wills themselves didn't explicitly state they were mutual and irrevocable. The solicitor's notes didn't clearly document a binding agreement. Verbal understanding isn't enough.

The legal standard is high: you need clear written evidence of a contractual agreement, not just similar wills or family expectations.

Legal fees to establish the existence of mutual wills in a contested case typically run £15,000-£40,000. Even if you win, that's money coming straight out of the estate.

Real Cases: When Mutual Wills Go Wrong

Three recent UK cases show exactly why solicitors warn against mutual wills.

Case 1: Naidoo v Barton [2023] EWHC 500 (Ch)

Dr. Naidoo and his wife made mutual wills in 1998, leaving their estate to each other and then to their son David and his wife. The wills explicitly stated they were made "in pursuance of an agreement" and were "irrevocable."

After Mrs. Naidoo's death, Dr. Naidoo made a new will in 2015 benefiting his other son, Charan. David contested, claiming the 2015 will breached the mutual will agreement.

The court found the mutual wills DID exist—the explicit language made that clear. But then the case took a surprising turn: the court ruled the mutual will agreement had been rescinded due to David's undue influence over his mother.

The case involved allegations of fraud (David was later convicted of stealing from elderly nursing home residents where he worked) and cost the estate an estimated £80,000+ in legal fees over multiple years.

Lesson: Even when mutual wills are properly drafted and clearly established, they remain vulnerable to challenges on other grounds like undue influence. The binding nature that makes them attractive also makes them targets for litigation.

Case 2: McLean v McLean [2023] EWHC 1863 (Ch)

Reginald and Maureen McLean made what appeared to be mirror wills in 2017 after their blended family marriage. Both left everything to the survivor, then divided equally among all four children.

After Reginald's death, Maureen changed her will to leave everything to her biological son Brett, completely disinheriting her three stepchildren.

Reginald's children brought a claim arguing the 2017 wills were mutual wills that prevented this change. They had evidence that both Reginald and Maureen expressed strong intentions not to change the wills. Maureen had assured the stepchildren they would be "looked after."

The court ruled NO mutual wills existed. Why? The wills themselves didn't state they were mutual or irrevocable. The solicitor who drafted them didn't document a mutual will agreement. While Maureen and Reginald clearly trusted each other and had moral expectations, that didn't create a legally binding contract.

As the judge stated: "Mere expectation or moral obligation is not enough."

Lesson: Even when families genuinely believe mutual wills exist, courts require explicit evidence. Family understanding and verbal assurances don't create mutual wills—only clear contractual agreements do.

Case 3: Legg v Burton [2017] EWHC 2088 (Ch)

This older case shows that even when mutual wills are successfully established, the legal battle can be lengthy and expensive.

A couple made verbal promises to each other not to change their wills after the first death. After the first partner died, the survivor made a new will. The original beneficiaries challenged.

The court ultimately upheld the mutual will based on circumstantial evidence including the couple's relationship, their previous estate planning discussions, and expert testimony. But the case took years and cost both sides tens of thousands in legal fees.

Lesson: Even when you win a mutual wills case, the victory can be pyrrhic. The legal process itself drains the estate and creates years of family conflict.

Can You Ever Change a Mutual Will?

The short answer: both parties can change their mutual wills while both are alive, but only if both agree. After the first death, the survivor cannot change their will without breaching the agreement.

Before either party dies, mutual wills work like any other agreement between two people. If both John and Sarah agree they want to change the terms, they can. They might need to formally document the mutual agreement is being rescinded, but it's legally possible.

The binding force only kicks in after the first death. That's when the constructive trust arises, preventing the survivor from making a new will that contradicts the original agreement.

If the survivor tries to change their will anyway, the new will may be technically valid, but it will be held in trust for the original beneficiaries. Linda makes a new will leaving everything to her daughter. When Linda dies, her daughter receives the estate but must hold it in trust for the beneficiaries named in the original mutual will.

This creates a legal mechanism called a "floating trust"—it doesn't crystallize into a fixed trust until the survivor's death, but once it does, the original beneficiaries can enforce their rights.

Exceptions and Edge Cases

Remarriage: As discussed, remarriage automatically revokes your will under the Wills Act 1837. This creates legal uncertainty about whether the mutual will obligations survive. Different courts have reached different conclusions.

Court Order: In truly exceptional circumstances, a court might release the survivor from the mutual will obligation, but this is extraordinarily rare. You'd need to show impossibility or fundamental change of circumstances that make the agreement unconscionable.

All Beneficiaries Agree: If every beneficiary named in the mutual will agrees to release the survivor from the obligation, that can work. But in contentious blended families—which is exactly where mutual wills get used—getting universal agreement is essentially impossible.

Assets Not Covered: If the mutual will agreement is drafted narrowly to cover specific assets (rare but possible), assets outside that scope might not be bound. But as Problem 3 explained, determining scope often requires litigation.

The practical reality: once you make mutual wills and your partner dies, assume you're locked in. Any attempt to deviate will likely require expensive legal proceedings, even if you ultimately succeed.

Better Alternatives to Mutual Wills for Second Marriages

Given all these problems, what should people in second marriages do instead? Several alternatives provide similar protection without the dangerous inflexibility.

A life interest trust gives the survivor the right to live in a property or receive income from assets, but preserves the capital for children from the first marriage.

David's will creates a life interest trust. His wife Rachel can live in their £450,000 house for her entire life. She cannot be forced out. When Rachel dies, the house goes to David's children from his first marriage.

This addresses exactly the same concern mutual wills target: protecting children's inheritance while caring for your surviving spouse. But it's far more flexible and certain.

Key advantages over mutual wills:

  • Rachel's right to live in the house is guaranteed—no ambiguity
  • David's children's inheritance is protected—they receive the property value after Rachel's death
  • If Rachel needs to downsize, the trust can be drafted to allow sale and purchase of a new property
  • If Rachel remarries, the trust remains intact
  • Rachel can't change her will to defeat David's children's interests

Life interest trust wills from solicitors typically cost £600-£960, comparable to or less than mutual wills, with far less risk of litigation.

Alternative 2: Protective Property Trusts

Each spouse owns their share of property as tenants in common (not joint tenants). When the first spouse dies, their share goes into trust with a life interest for the surviving spouse.

This is extremely common and well-established in UK law. Robert and Helen own their £400,000 house 50/50 as tenants in common. Robert's will leaves his 50% (£200,000) in trust for his children, with Helen having the right to live there for life.

Helen is protected—she can't be forced out. Robert's children are protected—they'll receive his share of the property value. And if Helen later remarries, Robert's children still inherit his share.

Alternative 3: Mirror Wills with Trust Provisions

If your relationship with your new spouse is solid and the trust is genuine, mirror wills with protective trust provisions can work well.

Sarah and David make mirror wills leaving everything to each other, but include trust provisions requiring any inheritance received to be held partly for all children. They're not legally bound, but the structure encourages fair treatment while preserving flexibility.

This works when the relationship is healthy and both partners genuinely want to protect all children. It doesn't work in contentious relationships or where trust is lacking.

Alternative 4: Deed of Variation Option

Leave your estate to your spouse, but include a letter of wishes expressing your hope that they'll use a deed of variation to redirect some assets to your children within two years of your death.

Deeds of variation allow beneficiaries to redirect inheritance for tax and estate planning purposes. This approach relies on trust but offers complete flexibility and can be very tax efficient.

Comparison Table

Approach Protection Level Flexibility Cost Best For
Mutual Wills High (but risky) None £1,500-£2,500+ Almost never appropriate
Life Interest Trust High Moderate £600-£960 Most second marriages
Protective Property Trust High Moderate £600-£960 Property-focused estates
Mirror Wills + Trusts Moderate High £400-£600 Trusting relationships
Deed of Variation Low Very high £300-£500 Strong relationships

For most second marriages where the main asset is property and there are children from previous relationships, life interest trusts offer the best balance of protection and flexibility.

Life Interest Trusts: The Safer Option

Let's explore life interest trusts in detail, since they solve the mutual wills problem so effectively.

A life interest trust gives one person (the life tenant) the right to benefit from an asset during their lifetime, while preserving the capital for others (the remaindermen) who inherit after the life tenant dies.

Practical example:

Sarah owns 50% of a £500,000 house (tenants in common with her new husband John). Her will creates a life interest trust: John can live in the house for his entire life, but when he dies, Sarah's 50% share (£250,000 value) goes to her daughter Emma.

John has security—he can't be forced out by Emma, even if their relationship deteriorates after Sarah's death. Emma has security—she knows she'll inherit her mother's share of the property. Neither can cheat the other.

How It Works in Practice

The trust is created in Sarah's will. When Sarah dies, her share of the property passes to trustees (could be John plus one of the children, or independent trustees).

John has the right to:

  • Live in the property for life
  • Receive any rental income if the property is rented
  • Live there even if he remarries

John cannot:

  • Sell the property without trustee agreement
  • Leave Sarah's share to anyone else in his will
  • Use the capital value of Sarah's share

If John wants to downsize, the trust can usually be drafted to allow sale of the original property and purchase of a smaller property where John continues to have his life interest.

If John needs care, his life interest income can fund care fees, but Sarah's capital share is protected for Emma.

Tax Considerations

Life interest trusts have inheritance tax implications that require professional advice for estates over the nil-rate band of £325,000.

For straightforward estates, the structure typically works well. For estates over £500,000 or with complex assets, consult a specialist.

Key Advantages Over Mutual Wills

  1. Clarity: Everyone knows exactly what they get—no ambiguity about asset coverage
  2. Flexibility: Trust provisions can allow for changed circumstances like downsizing
  3. Enforceability: Well-established legal mechanism with centuries of case law
  4. Cost: Similar or less than mutual wills, far less litigation risk
  5. Remarriage-proof: John's remarriage doesn't affect the trust at all

Setting Up a Life Interest Trust

First, you must own property as tenants in common, not joint tenants. If you currently own as joint tenants, you need to sever the tenancy first.

Second, your will must clearly establish the life interest trust with appropriate provisions for trustee powers, what happens if the property needs to be sold, and how expenses are handled.

WUHLD's online will service can help you structure life interest trust provisions for straightforward situations. For estates over £500,000 or with business assets, consult a specialist solicitor.

How to Protect Your Children's Inheritance Without Mutual Wills

Beyond life interest trusts, here's a comprehensive approach to protecting your children's inheritance in a second marriage.

Strategy 1: Open Communication

The single most important factor is honest discussion with all parties.

Have a family meeting where you explain your intentions to your new partner and your children. Put the agreement in writing, even if it's not a legal mutual will. Include your reasoning and your hopes for how everyone will be treated.

This transparency reduces the likelihood of disputes after death. Emma knows her mother wanted her to inherit the house share. John knows Sarah wanted him to have security for life. Everyone understands the plan.

Regular updates—every 3-5 years or after major life events—keep everyone informed and reduce suspicion.

Don't rely on just one protection mechanism. Layer your protections:

  • Life interest trust for the main property
  • Direct bequests of specific items to your children (jewelry, family heirlooms)
  • Pension death benefits nominated to your children from first marriage
  • Life insurance policy in trust specifically for your children

This creates multiple "buckets" ensuring your children receive something regardless of what happens with the main estate.

Strategy 3: Regular Reviews

Your estate plan isn't static. Review every 3-5 years and after:

  • Remarriage
  • Birth of grandchildren
  • Property purchases or sales
  • Significant changes in asset values
  • Changes in relationships (reconciliation or estrangement)
  • Changes in beneficiary circumstances (illness, financial problems)

If you set up a life interest trust in 2025 and never review it, circumstances might change enough to make it inappropriate by 2035. Regular reviews with professional input keep your plan effective.

Strategy 4: Professional Advice When Needed

Know when to use a solicitor versus when an online service is appropriate.

Use a specialist solicitor if you have:

  • Business assets or shares
  • Foreign property
  • Estate value over £500,000
  • Complex family relationships with likely disputes
  • Previous wills contested or challenged
  • Tax planning needs beyond basic IHT

Online services like WUHLD work well for:

  • Main asset is UK residential property
  • Estate value under £500,000
  • Straightforward family relationships
  • Basic life interest trust needs
  • Second marriage with children from first marriage but no business complications

Strategy 5: Insurance Solutions

Life insurance in trust is a powerful tool that's completely separate from your will and estate.

David takes out a £150,000 life insurance policy written in trust for his two children from his first marriage. When David dies:

  • The £150,000 goes directly to his children
  • It doesn't form part of his estate
  • His widow Rachel has no claim to it
  • It can't be changed by anyone after his death
  • It's paid quickly, often within weeks

This gives David's children a guaranteed inheritance regardless of what happens with the main estate. Combined with a life interest trust for the property, David has created robust protection.

Term life insurance for someone in their 50s costs roughly £20-40 per month for £150,000 coverage. That's about £250-500 annually to guarantee your children's inheritance—often cheaper and more certain than complex will structures.

Making the Right Choice for Your Blended Family

Let's bring this all together with clear guidance on choosing the right approach for your situation.

Key takeaways:

  • Mutual wills create a legally binding agreement preventing the survivor from changing their will—but the inflexibility creates more problems than it solves
  • Major problems include: inability to adapt to changed circumstances, automatic revocation on remarriage, uncertainty about which assets are covered, survivor can spend everything anyway, and extremely difficult to prove and enforce
  • Recent UK cases (McLean v McLean, Naidoo v Barton) show mutual wills lead to expensive disputes costing £45,000-£80,000+ with years of litigation
  • Life interest trusts provide the same core protection (survivor can't disinherit your children) with crucial flexibility the survivor needs
  • For most second marriages, life interest trusts combined with open communication and regular reviews offer superior protection

When Mutual Wills MIGHT Be Appropriate (Extremely Rare)

Consider mutual wills only if ALL of the following apply:

  • Both parties are elderly with very low chance of remarriage or major life changes
  • Estate is very simple with clear, fixed assets
  • All parties (including adult children from both sides) fully understand and agree to restrictions
  • Professional legal advice obtained with explicit mutual will agreement documented
  • No better alternative addresses your specific concerns

Honestly, even in these circumstances, most solicitors would still recommend life interest trusts instead.

When Life Interest Trusts Are Better (Almost Always)

Life interest trusts are the superior choice when:

  • You're in a typical second marriage with children from prior relationships
  • Main asset is residential property
  • Survivor may live 10+ years (circumstances could change significantly)
  • You want protection but not dangerous rigidity
  • Estate value is under £1 million
  • Relationship with new spouse is healthy enough to discuss these matters openly

Decision Framework

Ask yourself these questions:

  1. Is the main concern property? → Life interest trust
  2. Do you want the survivor to have zero flexibility? → If yes, reconsider whether this is really wise. Probably still life interest trust.
  3. Is your estate very complex? → Specialist solicitor consultation needed
  4. Can you discuss this openly with your new partner? → If no, address relationship issues before estate planning
  5. Are there business assets or foreign property? → Professional advice essential
  6. Is the estate under £500,000 with property as main asset? → WUHLD online service appropriate

Taking Action

Here's your step-by-step plan:

  1. Assess your situation: List your assets, beneficiaries, and goals
  2. Discuss with your partner: Have an honest conversation about intentions and concerns
  3. Choose your approach: For most situations, life interest trusts combined with clear communication
  4. Get professional input if needed: Complex estates over £500,000 need specialist advice
  5. Use quality services for straightforward situations: WUHLD guides you through life interest trust setup for £99.99
  6. Document everything: Clear written intentions reduce disputes
  7. Review regularly: Every 3-5 years, especially after major life changes

Sarah and David, from our opening example, ultimately chose life interest trusts over mutual wills. "It gives us both the protection we need," Sarah explained, "but without trapping either of us in a rigid arrangement that might not work in 10 or 15 years."

Their children from previous marriages felt secure knowing their inheritance was protected. John and Rachel felt secure knowing they had lifetime rights to live in their home. And most importantly, nobody was locked into inflexible arrangements that could lead to expensive legal battles.

That peace of mind—for everyone in the family—is exactly what good estate planning should deliver.

Frequently Asked Questions

Q: What is the difference between mutual wills and mirror wills?

A: Mirror wills are similar wills that can be changed at any time by either partner, even after one dies. Mutual wills create a legally binding agreement that prevents the surviving partner from changing their will after the first death, ensuring assets go to agreed beneficiaries like children from previous marriages.

Q: Can you change a mutual will after your partner dies?

A: No. Once one partner dies, the survivor is legally bound by the mutual will agreement and cannot change their will to benefit different people. Any attempt to do so may be challenged in court, and a constructive trust can be imposed to enforce the original terms.

Q: Are mutual wills automatically created when couples make similar wills?

A: No. Mutual wills require clear evidence of a legally binding agreement not to change the wills after one death. Simply making similar or mirror wills does not create mutual wills unless there is explicit agreement and evidence of this intention, as established in McLean v McLean (2023).

Q: What happens if you remarry after making mutual wills?

A: Under the Wills Act 1837, remarriage automatically revokes your existing will, including mutual wills. This creates legal uncertainty about which assets remain subject to the original mutual will agreement and can lead to disputes over estate distribution.

Q: What is a better alternative to mutual wills for second marriages?

A: Life interest trusts are generally recommended over mutual wills. A life interest trust allows your new spouse to live in the family home for their lifetime while preserving the capital for your children from your first marriage. This provides security for both parties with more flexibility than mutual wills.

Q: How do you prove mutual wills exist?

A: You need clear evidence of a binding agreement, such as explicit wording in the wills, a separate contract between the parties, or strong documentary evidence like solicitor's notes confirming the mutual intention. Verbal promises or assumptions are not sufficient, as shown in McLean v McLean (2023).

Q: Can mutual wills protect children from my first marriage if I remarry?

A: In theory, yes, but mutual wills have significant limitations. They bind the survivor not to change their will, but if you remarry, your new marriage automatically revokes the mutual will. Life interest trusts or protective property trusts offer more reliable protection for children's inheritance in second marriages.

Protect Your Family with the Right Estate Plan

Protecting your children's inheritance in a second marriage doesn't require the dangerous rigidity of mutual wills. Life interest trusts give you the security you need with the flexibility you'll want.

Create your will with life interest trust provisions today. With WUHLD, it takes just 15 minutes online.

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  • Your complete, legally binding will with life interest trust provisions
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  • A Complete Asset Inventory document

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This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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