A straightforward will for an individual to outline how their assets should be distributed after death.
Common Use
Suitable for people with simple estates and no complex arrangements.
Key Features
Names beneficiaries, executors, and may appoint guardians for minor children.
Mirror Wills
Purpose
Two wills made by a couple (married, civil partners, or cohabiting), where each person leaves their estate to the other.
Common Use
Often used by couples who have similar wishes regarding the distribution of their assets.
Key Features
Typically leave everything to the surviving partner. After the surviving partner’s death, assets are distributed to specified beneficiaries (e.g., children).
Joint Will
Purpose
A single will made by two people (usually a couple) that binds both parties to the terms.
Common Use
Less common than mirror wills due to its inflexibility.
Key Features
After one person dies, the surviving person is bound to the terms of the will and cannot change it. Also Suitable for people who want to ensure their agreed intentions cannot be altered after one party’s death.
Living Will
Purpose
States an individual’s wishes about medical treatment if they lose mental capacity and cannot communicate their decisions.
Common Use
Used to refuse certain medical treatments or life-prolonging interventions.
Key Features
Legally binding under the Mental Capacity Act 2005. Does not cover financial matters or appoint someone to make decisions for you (a Lasting Power of Attorney would be needed for this).
Trust Will
Purpose
Creates a trust within the will to protect assets or provide for specific beneficiaries.
Common Use
Suitable for complex estates or situations where assets need to be controlled (e.g., providing for minor children or vulnerable dependents).
Key Features
Allows control over how assets are distributed over time. And Common types include Property Trust Wills and Discretionary Trust Wills.
Holographic Will
Purpose
A handwritten will without witnesses.
Common Use
Rarely used in the UK, as it generally does not meet the formal requirements under the Wills Act 1837 and may be invalid.
Mutual Will
Purpose
Similar to joint wills but includes a legally binding agreement that the surviving party cannot alter the will.
Common Use
Often used by couples who wish to ensure the distribution of assets remains fixed after the death of one partner.
Key Features
Legally enforceable and difficult to change.
International Will
Purpose
Recognized in many countries for individuals with assets or connections abroad.
Common Use
Suitable for those with property or investments in multiple countries.
Key Features
Complies with the UNIDROIT Convention on international wills for validity across jurisdictions.
Key Legal Requirements for a Valid Will in the UK:
Age
Must be at least 18 years old (16 in Scotland).
Mental Capacity
The testator must have the mental capacity to understand the will’s effects.
Writing
Must be in writing (typed or handwritten).
Witnessing
Signed by the testator in the presence of two independent witnesses (who also sign it).