Gumersalls News

Gumersalls News

Reasons Why You Should Be Cautious Of Writing Mirror Wills

by | Apr 5, 2023 | News

When drawing up a will, many people leave everything to their partner, assuming their assets will then be passed down to their children and grandchildren. 

However, this is not always the case, particularly as blended families are becoming increasingly common, which is why will-writers need to be cautious about whom they leave their finances to. 

This type of legal document is called a Mirror Will, and it is typically made when partners have joint assets. When one of them passes away, the other immediately becomes the sole beneficiary. 

However, this can become a problem if the surviving spouse remarries and another Mirror Will is drawn up. The assets are then left to their new husband and wife, meaning the children of the first marriage may end up receiving nothing. 

If the new partner has their own offspring, the assets might end up in their hands instead, resulting in the finances being taken away from the bloodline. 

This may mean children have a hard time accessing their inheritance and it is even more difficult for grandchildren to lay claims to certain assets, as the money has moved across to another family entirely by this stage. 

It is also worth noting that divorce does not render a will invalid, so separating couples need to draw up new documents. Without doing so, their assets could be passed on to their ex-spouse, even if they are no longer married.

To avoid these situations, it is a good idea to use a Trust, placing half the assets in here for the children so they cannot be passed on to new partners. 

Understanding the complexities of wills can be difficult, but it is important not to get it wrong, as you risk your finances not being passed on to beneficiaries if you do. 

Therefore, hiring will solicitors in Surrey, who can help draw up legally binding documents that protect your children, is a wise move.