Mirror wills are popular with married couples and civil partners because they’re quick and inexpensive. Each partner leaves everything to the other and, on second death, to the same children or chosen beneficiaries. Simple, right?
Unfortunately, simplicity can hide a serious flaw: remarriage revokes a will in England & Wales. If the survivor remarries after your death, your carefully drafted mirror wills may evaporate and putting children, step‑children, and lifelong wishes at risk.
This guide explains how remarriage affects mirror wills, offers alternative solutions, and shows why many modern families are choosing Protective Property Trust Wills or Discretionary Trusts instead.
- 1. Mirror Wills in a Nutshell
- 2. The Legal Bombshell: Marriage Revokes a Will
- 3. Real‑Life Example: The Disinherited Step‑Children
- 4. Three Safer Alternatives to Traditional Mirror Wills
- 5. Infographic: Remarriage Risk vs. Will Type
- 6. Action Plan: Protecting Your Estate in Five Steps
- 7. Frequently Asked Questions
- 8. How Town & Country Law Can Help
1. Mirror Wills in a Nutshell
- Two virtually identical wills
- Spouse A leaves estate to Spouse B; Spouse B leaves estate to Spouse A
- On second death, the estate passes to the same ultimate beneficiaries
- Either partner can secretly change their will later without notice
Pros: Fast, affordable, great for first marriages with straightforward assets.
Cons: Revoked on remarriage, open to unilateral change, no asset protection from care‑home fees or new partners.
2. The Legal Bombshell: Marriage Revokes a Will
Section 18 of the Wills Act 1837 states that a will is automatically revoked if the testator marries after signing—unless the will is made “in contemplation of that marriage.” Because mirror wills rarely anticipate a future spouse, the act of remarrying wipes the document out.
After remarriage, the survivor dies intestate. Under intestacy rules, their new spouse inherits most, if not all of the estate, potentially disinheriting children from the first marriage.
According to ONS 2024 data, 26 % of marriages in England & Wales are remarriages. That’s a substantial statistical risk.
What Happens on Second Death After Remarriage?
| Scenario After First Partner Dies | Survivor Remarries? | Outcome on Survivor’s Death |
|---|---|---|
| Mirror wills only | No | Children inherit as intended |
| Mirror wills only | Yes | Original will revoked; new spouse inherits under intestacy; children may receive nothing |
| Protective Property Trust Wills | Yes/No | Half of property ring‑fenced for children; trust cannot be revoked by remarriage |
3. Real‑Life Example: The Disinherited Step‑Children
• John & Anne sign mirror wills (estate → spouse; then children).
* John dies in 2020; Anne inherits whole estate.
* Anne remarries in 2022 to Peter.
* Anne dies intestate in 2024 because her mirror will was revoked by marriage.
* Under intestacy, Peter inherits £322,000 and the family home; John & Anne’s children receive nothing.
Expensive litigation followed, draining £40k from the estate. All of it was avoidable.
Solution? A Protective Property Trust Will would have locked in each spouse’s share for the children, while still allowing the survivor to live in the home.
4. Three Safer Alternatives to Traditional Mirror Wills
- Protective Property Trust Wills
Splits the home into two shares. On the first death, half stays in trust for children; the survivor retains a “right to reside.” Remarriage or care‑home fees cannot divert the trust share. - Life‑Interest Trusts
Similar protection, but income from investments passes to the survivor while capital is preserved for children. - Discretionary Trusts
Trustees decide how and when to distribute assets, adding flexibility for complex or blended families.
See our Trust Planning page for deeper comparisons.
Statistics Snapshot (Illustrative)
| Will / Trust Type | % Risk of Child Disinheritance After Remarriage* |
|---|---|
| No Will | 80 % |
| Simple Mirror Will | 45 % |
| Protective Property Trust Will | 5 % |
*Illustrative risk model based on intestacy and remarriage statistics.
5. Infographic: Remarriage Risk vs. Will Type
6. Action Plan: Protecting Your Estate in Five Steps
- Review your current wills—especially if written over five years ago.
- Assess family complexity—children from previous relationships heighten risk.
- Consider trust‑based wills—learn about Protective Property Trusts.
- Discuss remarriage clauses—draft wills “in contemplation of marriage” if engaged.
- Book a consultation with our Will Writing team.
7. Frequently Asked Questions
Does remarriage always cancel a will? Yes, unless the will states it was made “in contemplation” of that future marriage. Can I stop my spouse changing their will after I die? Mirror wills can’t stop this. Trust‑based wills can secure at least part of the estate for your chosen heirs. Is a Protective Property Trust Will expensive? It costs more than a basic mirror will, but far less than potential litigation or unintended tax costs later. What about cohabitees—are mirror wills suitable? Unmarried couples often benefit from separate discretionary or life‑interest wills rather than mirrors.
8. How Town & Country Law Can Help
We draft wills tailored to blended families, business owners and anyone concerned about remarriage. Our services include:
- Will Writing Services
- Protective Property Trust Wills
- Discretionary & Life‑Interest Trusts
- Lasting Powers of Attorney for financial control
- Probate Support for executors
Take the next step today. Book your free consultation or call our friendly team to safeguard your family’s future.