Introduction to Types of Wills and Codicils
Introduction to Types of Wills and Codicils
A will is a legal document that sets out how you want your money, property, and possessions (your “estate”) to be distributed after your death. Having a valid will ensures your wishes are respected and can help prevent disputes among loved ones. However, not everyone’s circumstances are the same, which is why there are different types of wills available in the UK. Choosing the right type of will is crucial to reflect your personal situation, whether you’re single, married, have children, or own property with someone else.
In addition to standard wills, there are options such as joint wills, mirror wills, and more specialised forms, each designed to suit different needs. For example, a mirror will is often used by couples who want to leave everything to each other, while a single will might be more appropriate for individuals with straightforward wishes.
Sometimes, after making a will, your circumstances or wishes may change. Instead of writing a completely new will, you can use a codicil. A codicil is a legal document that allows you to make minor amendments or additions to your existing will, such as changing an executor or updating a beneficiary. This can be a practical solution if you need to make small changes without starting from scratch, but for significant alterations, it’s usually safer to create a new will to avoid confusion.
Understanding the different types of wills and how codicils work is a key part of effective estate planning. It helps ensure that your assets are distributed as you intend and reduces the risk of legal challenges after your death. It’s also important to be aware of the legal requirements for making a will, such as being over 18 and having the mental capacity to understand your decisions.
If you’re unsure which type of will is right for you, or if you want to learn more about the process, our guide on making a will provides practical advice on getting started, choosing executors, and meeting legal formalities. By understanding your options and keeping your will up to date, you can help protect your loved ones and make sure your wishes are carried out exactly as you intend.
Standard Wills
A standard will, sometimes called a single will, is the most common type of will used in the UK. It is a legal document that sets out your wishes for what should happen to your assets, property, and possessions after your death. This type of will is suitable for individuals who want to decide independently how their estate is distributed, without combining their wishes with another person’s (such as a spouse or partner).
Standard wills are typically used by people who have straightforward circumstances – such as single individuals, those who are divorced or widowed, or anyone who wants to make their own decisions about inheritance. Even if you are married or in a civil partnership, you may choose to create a standard will if you and your partner have different wishes or separate assets.
Key features of a standard will include:
- Naming executors: You must choose one or more people to carry out your wishes after your death. Executors are responsible for managing your estate, paying any debts, and distributing assets to your beneficiaries. For more on this important decision, see our guide to appointing executors.
- Appointing guardians: If you have children under 18, you can use your will to name guardians who will care for them if you die before they reach adulthood.
- Choosing beneficiaries: Your will lets you specify exactly who should inherit your property, money, and personal possessions. You can also leave specific gifts or donations to charities.
- Including funeral wishes: While not legally binding, you can state your preferences for your funeral or burial arrangements.
A standard will remains valid until you update or revoke it. Changes in your personal circumstances – such as marriage, divorce, the birth of children, or acquiring significant assets – may mean it’s time to review your will. You can make changes by creating a new will or by adding a legal document called a codicil. For more information, see our page on changing or revoking your will.
To be legally valid, a standard will must meet certain requirements. In the UK, you must be over 18 and of sound mind when you make your will. The will must be in writing and signed by you in the presence of two independent witnesses, who must also sign the document. For a full explanation of the rules and to ensure your will is valid, read our section on the formal requirements for signing and witnessing a will.
Making a standard will is a crucial step in protecting your loved ones and ensuring your wishes are respected. By clearly setting out your intentions, you can help prevent disputes and provide peace of mind for everyone involved.
Joint and Mirror Wills
Joint and Mirror Wills
When planning your estate, it’s important to choose the type of will that best fits your circumstances – especially if you’re part of a couple. Two common options for couples in the UK are joint wills and mirror wills. While they may sound similar, there are key differences in how they work, the legal implications, and how flexible they are if your wishes change in the future.
What Is a Joint Will?
A joint will is a single legal document made by two people, usually spouses or civil partners, which sets out their wishes for what should happen to their combined estates when they die. With a joint will, both individuals sign the same document, and it typically only takes effect after both have passed away.
A crucial feature of joint wills is that they are usually legally binding on both parties. This means that after the first person dies, the surviving partner cannot change the terms of the will – what was agreed upon in the joint will must be carried out, even if their personal circumstances change later on.
Joint wills are quite rare in the UK today, partly because of this lack of flexibility. They can create complications if the surviving partner remarries, has more children, or simply wishes to change their mind about how their estate is distributed.
What Are Mirror Wills?
Mirror wills are two separate but almost identical wills made by two people, most commonly couples. Each person has their own will, but the contents usually reflect each other’s wishes. For example, both wills might state that everything is left to the surviving partner, and after both have died, the estate goes to their children.
Unlike joint wills, mirror wills are individual documents. This means each person can change or revoke their own will at any time, without needing the other person’s agreement (as long as they have mental capacity to do so). This flexibility is one of the main reasons mirror wills are far more popular than joint wills in the UK.
Key Differences Between Joint and Mirror Wills
- Legal structure: Joint wills are a single document signed by two people; mirror wills are two separate documents.
- Flexibility: Mirror wills can be changed or revoked independently by either person. Joint wills are usually binding and cannot be changed after the first death.
- Practicality: Mirror wills offer more flexibility if circumstances change, while joint wills can be restrictive and may not suit people whose wishes might evolve.
When Might Couples Consider Joint or Mirror Wills?
Couples who want to ensure their wishes are carried out in exactly the same way, and who do not expect their circumstances to change, might consider a joint will. However, due to the legal restrictions, most couples opt for mirror wills, which provide similar outcomes but with added flexibility.
Mirror wills are especially suitable for:
- Married couples or civil partners who want to leave everything to each other and then to their children.
- Partners who want to make similar provisions but value the ability to update their will if their wishes change.
Joint wills may be considered if both parties are absolutely certain their wishes will not change and want to legally bind each other to their shared decisions.
Pros and Cons Compared to Individual Wills
Pros of Joint and Mirror Wills:
- Simplify estate planning for couples with similar wishes.
- Mirror wills can be cost-effective and straightforward to set up.
- Help ensure both partners’ wishes are clear and aligned.
Cons:
- Joint wills are inflexible and can lead to problems if circumstances change after the first death.
- Mirror wills, while flexible, do not legally bind the surviving partner to keep their will unchanged – after one partner dies, the survivor can change their own will.
- Individual wills (not mirrored) offer complete freedom but may not coordinate well if couples want to ensure their estates are handled in a certain way.
Flexibility and Revocation
One of the biggest considerations when choosing between joint and mirror wills is how easily you can change your will in the future. With mirror wills, either person can change or revoke their will at any time, as long as they have mental capacity. Joint wills, on the other hand, are generally irrevocable after the first death, which can create legal and practical challenges for the surviving partner.
Before deciding, it’s a good idea to review your options for making a will and to consider how your needs might change over time. If you think you may want to update your will in the future, mirror wills or individual wills are usually more suitable.
Choosing the right type of will is an important part of planning your estate. Understanding the differences between joint and mirror wills can help you make an informed decision that protects your wishes and your loved ones. If you’re unsure which option is best for you, consider seeking professional advice or exploring more about changing or revoking your will as your circumstances evolve.
Other Types of Wills
Other Types of Wills
While standard wills are the most common way to set out your wishes for your estate, there are other, less conventional types of wills that you may come across in the UK. Each has its own features, legal standing, and practical uses. Understanding these options can help you make informed choices about your estate planning.
Living Wills (Advance Decisions)
A living will, more formally known as an advance decision, is not actually a will in the traditional sense. Instead, it is a document that allows you to state your preferences about medical treatment should you lose capacity to make decisions in the future. For example, you can specify treatments you do or do not want if you become seriously ill or incapacitated.
Legal standing: In England and Wales, advance decisions are legally binding under the Mental Capacity Act 2005, provided they meet certain criteria. However, they do not deal with the distribution of your property or assets after death. Instead, they focus solely on healthcare decisions.
When used: Living wills are particularly useful for those with strong feelings about end-of-life care or specific medical interventions.
Advantages:
- Gives you control over future medical treatment.
- Helps family and healthcare professionals respect your wishes.
Limitations:
- Does not replace a standard will for estate matters.
- Must be clear, specific, and meet legal requirements to be valid.
Handwritten (Holographic) Wills
A handwritten, or "holographic," will is one that is entirely written and signed by the person making the will (the testator). In some countries, these can be valid even without witnesses. However, the situation in the UK is different.
Legal standing: In England and Wales, handwritten wills are only valid if they comply with the same rules as any other will – namely, they must be signed by the testator and witnessed by two independent people. Scotland has slightly different rules, but generally, the same principles apply. Simply writing your wishes by hand is not enough; the document must meet the formal requirements for a valid will.
When used: Handwritten wills might be used in emergencies or when a person cannot access legal assistance. However, they are best avoided unless there is no alternative.
Advantages:
- Can be made quickly in urgent situations.
- Does not require access to legal forms or technology.
Limitations:
- High risk of being declared invalid if not properly witnessed.
- Greater chance of disputes or misunderstandings.
- May not cover all necessary details for effective estate planning.
Mutual Wills
Mutual wills are made by two or more people (often spouses or partners) who agree to make wills on similar terms, typically leaving everything to each other and then to agreed beneficiaries. What makes mutual wills unique is the binding agreement that neither party will change their will without the other’s consent, even after one has died.
Legal standing: Mutual wills create a legally enforceable agreement, but they are rare and can be complex. If one person tries to change their will after the other’s death, courts may intervene to uphold the original agreement.
When used: These are sometimes used where both parties want to ensure their joint wishes are honoured, especially in blended families or second marriages.
Advantages:
- Provides reassurance that agreed wishes will be followed.
- Can prevent one party from changing beneficiaries after the other’s death.
Limitations:
- Can be inflexible – difficult to change if circumstances alter.
- May lead to legal disputes if intentions are unclear or not properly documented.
How These Wills Fit Into Estate Planning
While these types of wills can be helpful in specific situations, they are not suitable for everyone. Most people will benefit from a standard will that meets all legal requirements. Before making any type of will, it’s important to understand who can make a valid will and to ensure that your will, whatever form it takes, complies with the formal requirements for a valid will.
If you are considering a living will, handwritten will, or mutual will, seek professional advice to make sure your wishes are clear, legally binding, and unlikely to be challenged. These documents should be carefully drafted and properly witnessed to avoid problems for your loved ones later on. By understanding all your options, you can choose the best approach for your circumstances and ensure your estate is managed according to your wishes.
Understanding Codicils
Understanding Codicils
A codicil is a legal document that allows you to make changes or additions to your existing will without needing to write an entirely new will. Codicils are commonly used to update specific details, correct errors, or reflect changes in your personal circumstances, while keeping the main structure of your original will intact.
What Is the Purpose of a Codicil?
The main purpose of a codicil is to amend, add to, or revoke particular provisions in your will. This can be useful if you want to make a minor update, such as changing an executor, updating a beneficiary’s name, or adjusting a specific gift. Using a codicil can save time and effort compared to drafting a new will, especially for straightforward changes.
How Does a Codicil Work?
A codicil works by referencing your original will and specifying exactly which parts you wish to change. It must clearly state the amendments, ensuring there is no confusion about your intentions. The codicil and the original will are then read together as one document after your death.
For example, you might use a codicil to:
- Change the person you have appointed as your executor
- Add or remove a beneficiary
- Update a gift or legacy (such as leaving a different item or sum of money)
- Correct a clerical mistake or spelling error
Legal Requirements for a Valid Codicil
To be legally valid, a codicil must meet the same requirements as a will. This includes being made in writing, signed by you, and witnessed by two independent people who are not beneficiaries or married to beneficiaries. For more details on the formal requirements for signing and witnessing a will, see our dedicated guide.
It’s important to ensure that your codicil is properly prepared and executed, as mistakes can lead to confusion or disputes after your death. For a full overview of the legal rules and practical steps involved, you can read about the validity of codicils in this comprehensive guide.
When to Use a Codicil vs. Making a New Will
A codicil is best suited for making minor or straightforward changes to your will. If you need to update several sections or make significant alterations – such as changing most of your beneficiaries or assets – it is usually safer and clearer to make a new will. Multiple codicils attached to a will can sometimes cause confusion, so if you have already made several amendments, starting afresh with a new will may be the better option.
Typical Changes Made by Codicil
Some common examples of changes made using a codicil include:
- Appointing a new executor or removing an existing one
- Changing the guardian for your children
- Adding a new beneficiary or removing someone from your will
- Altering the amount or nature of a gift
- Correcting factual errors or updating outdated information
Before making any changes, it is wise to review your entire will and consider whether a codicil or a new will is more appropriate for your needs. If you are unsure, seeking legal advice can help ensure your wishes are carried out as intended.
Incorporating Trusts in Wills
Incorporating Trusts in Wills
Including a trust in your will can be a practical way to manage and protect your assets for the benefit of your loved ones after your death. A trust is a legal arrangement where you (the ‘settlor’) appoint one or more people (the ‘trustees’) to look after your assets on behalf of others (the ‘beneficiaries’). By setting up a trust in your will, you can specify exactly how and when your assets are passed on, which can be especially useful in more complex family or financial situations.
How Trusts Work in Wills
When you incorporate a trust into your will, it only comes into effect after your death. The will sets out the terms of the trust – such as who the trustees and beneficiaries are, what assets are included, and any conditions or instructions for how those assets should be managed or distributed. This is often referred to as a ‘will trust’ or ‘testamentary trust’. For a detailed explanation of how these arrangements work, see our guide to wills and trusts.
Benefits of Using Trusts in Wills
Trusts can offer several advantages when included in your will:
- Asset Protection: Trusts can help protect assets for young, vulnerable, or financially inexperienced beneficiaries by ensuring assets are managed responsibly until a certain age or condition is met.
- Flexibility: You can tailor the trust to your family’s needs, such as providing for children from a previous relationship or supporting a disabled relative.
- Control: Trusts allow you to specify how money is used – for example, limiting access to funds for education or living expenses.
- Tax Planning: Certain types of trusts may help reduce your estate’s exposure to inheritance tax, although this depends on the trust’s structure and current tax laws.
Common Types of Trusts Used in Wills
There are several types of trusts that can be established through a will, each serving different purposes:
- Bare Trusts: Assets are held by trustees for a specific beneficiary, who can claim the assets when they reach 18.
- Discretionary Trusts: Trustees have flexibility to decide how and when to distribute assets among a group of potential beneficiaries, which can be useful if circumstances may change.
- Interest in Possession Trusts: A beneficiary has the right to receive income (such as rent or dividends) from the trust assets for life, while the capital is preserved for someone else (often children or grandchildren) after their death.
- Trusts for Minors: These ensure that children inherit assets only when they reach a certain age, with trustees managing the assets in the meantime.
The right type of trust for your will depends on your personal circumstances and goals. Proper legal advice is recommended to ensure your wishes are clearly set out and legally valid.
Trusts, Estate Administration, and Inheritance Tax
Including a trust in your will can affect how your estate is managed after your death. Trustees will have ongoing responsibilities to administer the trust according to your instructions, which may add complexity to the estate administration process. It’s important to choose trustees who are trustworthy and capable of handling these duties.
Trusts can also have significant implications for inheritance tax. Some trusts may be subject to their own tax rules, and the way assets are held or distributed can impact the overall tax liability of your estate and your beneficiaries. Understanding these rules can help you make informed decisions and potentially reduce the tax burden on your loved ones.
To learn more about how trusts work within wills and the specific legal requirements involved, visit our page on wills and trusts. If you’re considering setting up a trust in your will, it’s wise to seek professional advice to ensure your estate is managed according to your wishes and in the best interests of your beneficiaries.
Planning Your Estate with the Right Will Type
Choosing the right type of will is a key step in planning your estate and ensuring your wishes are clearly recorded and legally recognised. The best will for you depends on your personal circumstances, such as your family structure, the complexity of your assets, and your long-term intentions for your estate.
Consider Your Family Situation and Relationships
Start by thinking about who you want to benefit from your will. If you are single, a standard will might be suitable. Couples – whether married, in a civil partnership, or cohabiting – may prefer mirror wills, which are nearly identical documents leaving assets to each other and then to children or other beneficiaries. In rare cases, joint wills are used, but these can be restrictive and are less common in the UK.
If you have children from a previous relationship, dependants with special needs, or complex family circumstances, you may need a more tailored approach. Trust wills or discretionary wills can provide flexibility and protection for vulnerable beneficiaries.
Assess Your Assets and Financial Complexity
The value and type of your assets also influence your choice. If you own property, have investments, or hold assets abroad, your will may need to address these specifically. Business owners may require specialist provisions to ensure business continuity or fair division among heirs.
Think About Future Needs and Updates
Your will should reflect your current wishes, but it’s wise to consider how your circumstances might change. Codicils allow you to make minor updates without rewriting your entire will. However, major life events – such as marriage, divorce, or the birth of a child – often mean a new will is necessary.
Understand Legal Formalities and Eligibility
It’s important to follow the legal requirements for making a valid will in the UK. This includes being over 18, having mental capacity, and signing your will in the presence of two witnesses. For more on eligibility, see who can make a valid will.
Your will must also be properly drafted and executed to avoid disputes or challenges after your death. Failing to meet these formalities can make your will invalid, meaning your estate may not be distributed as you intended.
Appointing Executors and Guardians
Choosing the right executors is crucial, as they will be responsible for carrying out your wishes and managing your estate. If you have children under 18, you should also appoint guardians. For guidance on this important step, visit choosing executors.
Seek Professional Advice if Unsure
While simple wills can sometimes be written without legal help, complex family or financial situations often require professional advice. A solicitor or specialist will writer can help you choose the right type of will, ensure all legal formalities are met, and reduce the risk of future disputes.
Ensuring Your Wishes Are Followed
Ultimately, selecting the most appropriate will for your situation gives you peace of mind that your estate will be managed according to your wishes. It also helps protect your loved ones from unnecessary stress or legal complications.
If you are ready to get started or want to learn more about the process, visit our comprehensive guide on making a will.
Summary and Next Steps
Summary and Next Steps
Understanding the different types of wills and codicils is a crucial step in planning for the future and ensuring your wishes are respected after your death. In this guide, we’ve explored the main options available in the UK, including single wills, mirror wills, joint wills, and the role of codicils for making amendments. Each type serves a different purpose – whether you’re preparing a will individually, alongside a partner, or need to update an existing document.
It’s important to remember that for a will to be legally valid in England and Wales, it must meet certain formalities. These include being in writing, signed by you (the testator), and witnessed by two independent adults. Similar rules apply in Scotland and Northern Ireland, though there are some regional differences. Failing to follow these requirements can result in your will being declared invalid, which may mean your estate is distributed according to the rules of intestacy rather than your wishes.
Keeping your will up to date is equally important. Life changes such as marriage, divorce, the birth of children, or acquiring new assets may all require you to review and possibly amend your will. Using a codicil is one way to make minor changes, but for more significant updates, it may be better to make a new will. For detailed guidance on this process, see our section on changing or revoking your will.
If you’re ready to take the next step, our comprehensive guide on making a will covers how to get started, what to include, and how to appoint executors. For those interested in what happens to your estate after death, our resource on wills and death explains the probate process and the role of your executors.
While it’s possible to write your own will, seeking professional legal advice can help you avoid common pitfalls and ensure your wishes are clearly expressed and legally binding. This is especially important if your circumstances are complex – for example, if you have children from a previous relationship, own property abroad, or want to set up trusts.
Taking the time to understand your options and keep your will up to date gives you peace of mind and helps protect your loved ones. Explore our related guides or speak to a legal professional if you need further support.
