Your statutory rights are not affected.
You normally have 14 days to cancel a distance or off-premises service contract. Our normal process is to start the agreed work once instructions and the agreed payment have been received, with your express early-start request and separate full-performance acknowledgement. Starting work alone does not remove cancellation rights. On full performance, the cooling-off right ends where the legal requirements are met; remedies for faulty services remain available. Read the Cancellation Information for the notice and optional model form. If you have an agreed quotation from us, complete the terms acceptance step. Questions: contact@clearwillwriting.co.uk.
1. What are mirror wills?
Mirror wills are two separate wills, usually prepared for spouses, civil partners or partners, with broadly similar or corresponding provisions. Each person signs their own separate will: a mirror will is not one joint document.
The wills do not have to be identical. Their precise wording may differ where each client's circumstances or wishes require it. The scope and price of the joint instruction are confirmed in writing before work begins.
The General Terms & Conditions and Will Writing Service Terms apply. These terms add provisions specifically for joint instructions for mirror wills; they do not replace those documents as a whole.
2. Each person is a separate client
Where Clear Will Writing prepares mirror wills, each person is treated as an individual client.
Each client must:
- provide their own instructions;
- understand the effect of their own will;
- separately review and approve their own will; and
- sign their own will correctly.
Neither client may give binding instructions on behalf of the other unless there is a lawful and appropriate basis to do so. Being a spouse, partner or attorney does not itself authorise someone to make another person's will.
Each person must separately accept the applicable terms and give their own early-start request and full-performance acknowledgement where work is to begin during their cancellation period. One person's acceptance or approval does not stand for the other's.
3. Free and independent instructions
Each client must give instructions freely and without undue influence. We may speak to either client separately, ask for independent confirmation of instructions, ask additional questions, delay work, recommend independent advice or stop acting jointly where reasonably necessary.
This may be necessary where there are concerns about:
- capacity;
- coercion or undue influence;
- pressure from the other client;
- conflicting wishes;
- fraud; or
- authenticity of instructions.
The General Terms explain our approach to capacity and free will. We will explain concerns sensitively and deal fairly with any work and fees.
4. Joint instructions and confidentiality
If you provide us with information that materially affects the joint instructions or creates a conflict between you, we may not be able to continue acting for both of you while keeping that information confidential.
If you want to disclose information only on a strictly confidential basis, raise that concern before providing the information. We may need to decline to receive it or stop acting jointly. This does not give either client an unrestricted right to the other's private information; our confidentiality and data-protection obligations remain.
5. Conflicts of interest
Mirror wills often involve aligned intentions, but the clients may have different legal or personal interests. A conflict may arise where:
- one client wants different beneficiaries or wants to exclude someone;
- one client has children from another relationship;
- clients have substantially different assets;
- clients want different trust provisions;
- one client wants a change the other does not know about; or
- one client's interests materially conflict with the other's.
If a conflict makes joint acting inappropriate, we may need to stop acting for both clients and recommend that one or both obtain independent advice. We do not promise that we can continue acting for one client after a conflict arises. We will deal fairly with fees and documents under the General Terms.
6. Mirror wills are separate wills
One client's will does not automatically bind the other. A later decision by one client to change their own will does not automatically invalidate the other's will. Each will operates independently.
7. Mirror wills are not mutual wills
A mutual-wills arrangement may involve a separate binding agreement restricting a person's ability to change their will later. Corresponding wording alone does not create that arrangement.
Our standard mirror-will service does not create a binding mutual-wills agreement. Any such arrangement would require express written confirmation under a separate specialist service; it is not included or promised here. If you want a binding arrangement restricting future changes, specialist legal advice may be required.
Do not assume that preparing corresponding wills prevents either client from later changing their own will.
8. Changes after signing
Either client may later replace, revoke or lawfully amend their own will. Do not informally alter a signed will; obtain appropriate advice about a new will or a valid amendment.
Unless a separate arrangement has been expressly agreed, we have no ongoing duty to notify one client if the other later changes or revokes their will, seeks a new will, or changes beneficiaries, executors or trust provisions.
We do not monitor both wills indefinitely. Any later instruction will need to be considered separately, including confidentiality and any conflict of interest.
9. Death of one client
The death of one client does not freeze the surviving client's will or make it unchangeable merely because the wills were prepared as mirror wills.
The survivor remains free to review or change their own will, subject to the law and any separate binding arrangement that may exist. Where the effect of such an arrangement is uncertain, obtain specialist legal advice; these terms do not give detailed mutual-wills advice.
10. Different family circumstances
Mirror wills may be straightforward where clients have broadly aligned wishes. More careful planning may be needed where there are:
- children from previous relationships or stepchildren;
- vulnerable beneficiaries;
- second marriages;
- significant differences in asset ownership;
- business interests;
- foreign assets;
- property ownership issues; or
- trust requirements.
Depending on the circumstances, we may recommend different will structures, testamentary trust provisions, independent advice, tax advice or other specialist advice. Recommendations do not automatically include additional work within the agreed scope or fee.
11. Asset ownership
Assets do not necessarily pass under a will. Jointly owned property or other jointly held assets may pass according to the form of ownership and relevant arrangements rather than under the will.
We do not provide conveyancing advice within the mirror-will service. Where ownership arrangements are unclear or need changing, obtain appropriate specialist legal or conveyancing advice before relying on proposed will provisions. A mirror will does not itself change ownership arrangements.
12. Beneficiaries
Clients may choose corresponding beneficiaries, but each client ultimately decides who benefits under their own will.
A beneficiary named in one will does not have to appear in the other. Differences in intended gifts or beneficiaries may require clarification of instructions or consideration of a conflict.
13. Executors
Clients may choose the same or different executors. Each will is considered separately, and each client should consider the proposed executors' suitability and willingness to act.
Clear Will Writing does not automatically act as executor. This standard service does not include professional executor appointments; any such appointment would require a separate agreed arrangement under dedicated terms and is not offered or created by these terms.
14. Testamentary trusts
Mirror wills may include corresponding testamentary trust provisions where appropriate and within the agreed scope.
Each trust must be considered in relation to that client's individual circumstances. Identical wording is not necessarily suitable for both clients.
Complex trust or tax issues may require specialist advice. The exclusions and limits explained in the Will Writing Service Terms continue to apply; ongoing trust administration, tax advice and lifetime asset transfers are not automatically included.
15. Approval of each will
Each client must separately review and approve their own will. Approval by one client is not approval by the other.
Each client should check:
- names;
- executors;
- beneficiaries;
- guardians;
- gifts;
- trust provisions; and
- whether the will reflects their own instructions.
Tell us promptly about errors or changes before finalisation. Approval does not remove our obligation to exercise reasonable care and skill or waive statutory rights.
16. Signing
Each client must separately sign their own final will in accordance with the execution instructions provided. The two wills do not need to be signed at the same time unless specifically advised.
Each will must independently meet the applicable execution requirements. Do not sign a draft or assume that one correctly signed will validates the other. Ask us before signing if any instruction is unclear or different signing arrangements may be needed.
17. Cancellation
Section 10 of the General Terms & Conditions and Cancellation Information apply to distance and off-premises contracts, immediate commencement, cancellation during the statutory period, proportionate charges and loss of the statutory cancellation right following full performance.
Our normal process is to begin drafting once instructions and the agreed payment have been received and the engagement has been confirmed. Before beginning during the applicable cancellation period, we obtain each client's separate express early-start request and full-performance acknowledgement. Neither is pre-ticked or inferred from the other client's choices.
Starting drafting does not itself remove cancellation rights or make all payments non-refundable. If a client cancels before full performance after requesting an early start, any charge must be lawful, reasonable and proportionate to the work actually supplied compared with the agreed service as a whole; any balance due is refunded in accordance with applicable law.
For the agreed mirror-will service, full performance normally occurs when:
- relevant instructions for both clients have been obtained and considered;
- both agreed final wills have been prepared;
- both final will documents have been supplied to the respective clients;
- signing and witnessing instructions have been provided to both clients; and
- any other work specifically included in the agreed mirror-will service has been completed.
Supplying drafts, or supplying only one final will, is not full performance of the agreed service for both clients. Signing the wills is not required for completion of our drafting service, but correct execution is necessary for each will to take effect.
Where the required express request and advance acknowledgement have been given and all applicable legal requirements are satisfied, the statutory cooling-off right ends on full performance.
Once the service has been fully performed in those circumstances, you will not be entitled to cancel the completed service under the statutory 14-day cooling-off right simply because you later change your mind.
This does not affect any other rights you may have if the service has not been provided with reasonable care and skill, does not conform to the agreed contract, or where another statutory remedy applies.
18. If one client withdraws
If one client no longer wishes to proceed, the original joint service may no longer be appropriate. We will consider whether we can continue acting for the other client, but a conflict of interest may prevent this.
There is no automatic continuation for the remaining client. Any changed service, scope and price must be agreed appropriately before further work. Fees and any refund will be dealt with fairly according to the work completed, applicable cancellation rights and the General Terms.
19. Completion
The mirror-will service is normally completed when both final wills have been prepared and supplied, relevant signing and witnessing instructions have been provided to both clients, and all other agreed work has been completed.
This concerns completion of our agreed service, not execution of the wills. Each client remains responsible for ensuring their own will is signed correctly. The cancellation conditions in section 17 and the General Terms are not overridden by simply labelling the work complete.
20. Future reviews
Each client should review their will periodically and after significant life changes, as described in the Will Writing Service Terms.
Do not assume that the other's will remains unchanged because the wills were originally prepared as mirror wills. Unless separately agreed, we have no duty to monitor either client's later circumstances or will, automatically update it, or notify the other client of later changes.
21. Relationship with other terms
These Mirror Wills Service Terms must be read together with the General Terms & Conditions and Will Writing Service Terms.
They add terms specific to joint instructions for mirror wills rather than duplicating those documents. If there is an inconsistency relating specifically to mirror wills, these Mirror Wills Service Terms take precedence.
The General Terms cover matters including payment, consumer rights, complaints, liability and governing law. Nothing in these terms affects statutory rights.