YesTor - make our mirror wills

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Make mirror wills

These YesTor wills are for a married couple who wish to make the same will leaving

first everything to each other and
for the last surviving spouse everything to their children equally

Each spouse appoints the other as their sole executor. The last surviving spouse needs to appoint other executors perhaps the children (often one or two are appointed) or a third party. You give these details below.

We include the tax saving survivorship clause that could mean substantial tax is legally saved. This is fully explains in the Help and Guidance notes - see below.

To proceed simply fill in this form. The cost for both will s is just Ł35.

Please refer to our Help and Guidance notes below if you need to. You can open these notes in another window if you prefer.

This is Step 1 of 3 complete your purchase.

Use this section for the first spouse
About you. Use this section to fill in your own details.	Title Mr Miss Mrs Ms other
First name/s
Last name/s
House name/Flat No
Street name
District
Town
County
Postcode
Your date of birth	ddmmyyyy
Your email address.	YesTor will use this to send your order back to you.
Use this section for the second spouse	Title Mr Miss Mrs Ms other
First name/s
Last name/s
Your date of birth	ddmmyyyy
Use this section for your executor if he or she is your spouse and only executor	For your spouse to be the only executor click the check box to the right	I want to appoint my spouse as sole executor. But if my spouse has died before me any substitute executors detailed below will be appointed instead. If you do not check this box then you must appoint executors (other than your spouse). Use the section below.
Executors - fill out each executors details here if necessary. If you have appointed your spouse as sole executor you should consider substitute executor/s to replace him or her if you are the last to die. To do this check the box for spouse sole executor above and name the substitute executor here.	First Executor If you are appointing your spouse with another put both of them in this section. You need not repeat the address. (You will not have checked the box above - sole executor).	Full name Address Address Address Address Relationship to you
optional	Second Executor (You can appoint more than 2 executors if you wish - for details email us. This is not usual.)	Full name Address Address Address Address Relationship to you
Use this section for your children's' Guardians - fill out each guardian's details here Guardians are only needed if any children are under 18 now. Note - if you are appointing each other as sole executors the guardianship clauses will not take effect until the last surviving (second) spouse dies and if there are then any children under 18	First guardian	Full name Address Address Address Address Relationship to you
optional	Second guardian - optional	Full name Address Address Address Address Relationship to you
Because you are married these mirror wills will can include a survivorship clause. This means that the second spouse must live for 30 days or more after the death of the first before inheriting from the first. It is a provision that may save inheritance tax if both spouses die together or within 30 days of each other. Read more.		Please make a selection We are married and do require a survivorship clause We are married and do not require a survivorship clause
Residuary estate. Children of yours - Each child will take an equal share of the whole estate. Each child will receive his/her share at age 18. Until then your executor/s will hold the share/s in trust for each minor child.	For each of your children please give- their full name address (if not yours) date of birth (if under 18) if step child - state which of you is natural parent
Funeral arrangements - directions you wish for - optional.	Select from the drop down menu only if you wish to make a direction.
You have now completed the information needed to create make your mirror wills. Please check it carefully. If it is correct click 'Next' to go to Step 2

Mirror wills for a married couple - guidance notes

(Return to will form)

These notes are only for a married couple who are making the 'same ' wills. As you probably know you each need your own will. These mirror wills are the same except where husbands and wives names are 'reversed'.

(If you are living with your partner and wish to make 2 wills click this link for the correct form and guidance notes.)

Mirror wills are for husband and wife leaving their estates to each other and then to their children equally.

To return to the will form page click the back button on your browser. Come back here the same way if you need to refer to these numbered notes again.

Your own details should include any 'aliases' or other names you are known by. This is particularly important if you have assets in another name. If you do not include the other name your executors may have difficulty getting hold of the asset. For example actors may have stage names and sometimes writers use a pen name. Ladies sometimes choose to be known by their maiden surname. There are also nicknames and shortened names people have been known by. Put aliases etc. in the appropriate box.
For example: -- using a maiden or other surname

First name/s Penny

Last name Lane also known as Rigby

For example: -- a shortened first name

First name/s Johnny also known as John

Last name Wood
Your address is your main or permanent one so if you sometimes live/work away it is not necessary to include that temporary address. If you change permanent address in the future it is not essential to change your will but make sure your executors are aware. The will uses the same address for both of you.
your email address will not be included in your will - it is just used for communication between. YesTor sends the legal documents and instructions for signing and witnessing there.
Usually you would appoint each other as sole executors. But you may want to appoint a substitute or additional executor.
A substitute executor takes the place of your spouse as executor if s/he has predeceased. Your estate still passes equally to your children.
An additional executor holds office with your spouse to administer your estate.
Survivorship clause - These mirror wills contain a survivorship clause. Its purpose is to legally save possible taxation. This could be as much as 40% tax on Ł350,000 that is over Ł140,000 of legally saved inheritance tax (see section 12 below).
Each individual has their own inheritance tax free band. This clause makes use of them where possible. It is best understood by a rather dramatic, but possible example.
Suppose you are both in the same car or plane crash. You may die together or perhaps one will survive a short time with fatal injuries. If it is not known who died first or if you died together in the same accident the law in England and Wales assumes that the older of you has died first leaving all to the younger.
The Inland Revenue do not tax transfers between husbands and wives so the 'first death' is not a taxable event. That means the younger spouse has acquired everything both of you had. So the younger spouse's estate has dramatically increased in value, perhaps doubled. But this surviving spouse has only their own tax free band. It is more likely the 'double' estate may be of sufficient value to be liable to Inheritance tax or pushed further into the taxable band.
In contrast the survivorship clause prevents this. This is how it works. If you both die together or within 30 days of each other then each will leaves each spouses estate to the children direct. This is a taxable transfer but each of your estates benefits from the inheritance tax free band.

The inheritance tax allowance threshold varies. The allowance as at the date of death is applied. The table below shows the allowances for 2 tax years.

Return to will form survivorship clause

Tax year	Inheritance tax threshold*
2009/2010	Ł325 000
2008/2009	Ł312 000
2007/2008	Ł300 000
2006/2007	Ł285 000
2005/2006	Ł275 000
2004/2005	Ł263 000
2003/2004	Ł255 000
2002/2003	Ł250 000
2001/2002	Ł242 000

Executors - Those who manage your estate after you die. Married couples usually appoint each other as sole executors. However you may chose to appoint each other with others. This is a personal decision and you should decide for yourselves what choices to make.
You should get proposed executors agreement to act before you appoint them. The will form guides you through the appointment process.
Your appointed executors will also be your trustees. For example when your children inherit and 1 or more is under 18 special legal rules apply. These wills provide for children to inherit when they reach 18. So a child under 18 (minor child) has to wait to inherit. What happens to their share (presumptive share) during the waiting period? Put simply it is held in the name/s of the executors and trustees on their behalf. Usually in interest bearing accounts or gilts (your executors may need to seek advice on this).
In some circumstances you may wish to appoint accountants, solicitors or banks as your executors and trustees. YesTor supply standard and the more typical wills. These wills do not provide for the appointment of professional executors or include the special charging clauses that will be included. If you feel you may require more complicated wills, perhaps because you have substantial assets or more complicated tax affairs then you should seek your own detailed professional advice.
Guardians - Only if you have any children under 18 now do you need to appoint guardians. Guardians are the people whom you wish to actually look after your minor children if you have both died. (If 1 of you dies no guardians are appointed). You will need to speak to the proposed guardians and obtain their agreement first. It is possible to appoint guardians as executors as well.
In this will you can appoint 1 or 2 guardians.
Your residuary estate - where it goes - These wills are carefully prepared to be flexible and cover the 2 main foreseeable events - the deaths of the first then second spouse. So if one of you dies there may be no need to change the other's will. The second estate will pass equally to the children.
Death of the first spouse -These mirror wills leave each spouse's estate to the other if they have survived for over 30 days as explained above. If the sole beneficiary is the surviving spouse (when just one of you has died) then s/he will also be appointed as the only executor (unless you nominate otherwise -see the wills form).
Death of the second spouse -YesTor's will is written to leave your estate to the children (or other people) you have named in the will form. Because your partner will have predeceased you the clauses in the will referring to your husband/wife are automatically not effective at all.
Your estate will pass to your named children and if more than one equally between them. Any child under 18 at the date of your death will have their presumptive share held on trust until they are 18. If a child dies after you but before they are 18 they will not have inherited their share and what they would have had is divided equally between your other surviving children. 2 points arise.
If you have only one child then you may wish to think about leaving your estate to others should that child die before you or before reaching 18. This standard mirror will does not accommodate this provision. YesTor may be able to provide such a will. Email us your proposals for details of what is available.
You should be aware that these mirror wills allow trustees of your children to make certain advances of capital and interest to minor children before they are 18. These advances are usually for the day to day living and educational needs of a child.
Funeral arrangements - You do not have to make any arrangements. But if you want to these wills allow you to specify your wish for burial or cremation. Should you have funeral bonds or perhaps specific wishes for say where you are to be buried or how your ashes should disposed of then a note to this effect can be placed with the will. It is not part of the will but reminds your executors of the wishes. But make sure your executors know about this in advance and of course where your will is kept.

Our instructions emailed with the wills give instructions on the signing and witnessing of wills and have other useful guidance.

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