I want to create simple ‘husband and wife’ wills for myself and my partner, what do I need to think about?

Telemon Lawyers > FAQs > I want to create simple ‘husband and wife’ wills for myself and my partner, what do I need to think about?
Victoria and Albert: Franz Xaver Winterhalter - Royal Collection RCIN 405413; 1846
Taking instructions for “Husband and wife” from Queen Victoria and her husband¬†would no doubt have been interesting work for a local London solicitor: Victoria and Albert: Franz Xaver Winterhalter – Royal Collection RCIN 405413; 1846

Simple ‘husband and wife’ (or partner) wills are ‘mirror’ wills (to be distinguished from ‘mutual wills’) where each testator:

  • appoints their partner executor;
  • leaves their entire estate to their partner;
  • alternatively if their partner has already died, leaves their entire estate to their children equally; and
  • if any of their children has predeceased, any children of that predeceased child takes their parents share equally.

In such a will, the testator has to think about the following:

  • Who will be executor in the event the partner has already died
  • Who would be guardian of any infant children

Often at the beginning of a couples life and while children are young, simple ‘mirror’ wills are appropriate. As life progresses, children grow up and get married or enter relationships, or after a marriage breakdown, the management of bequests in a blended family environment may require a more specific will.

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