posted 28th July 2025
Written by a Legal Content Specialist | Verified UK Law Compliance | Updated July 2025
Creating a will is one of the most critical steps a married couple can take to protect each other and their family’s future.
With changes to UK inheritance law, tax thresholds, and family dynamics, the type of will you choose in 2025 can significantly affect the outcome of your estate.
This guide explains the most suitable types of wills for married couples in the UK, providing expert insight into which is best based on your personal circumstances.
Why Married Couples Need a Will
Many couples mistakenly assume that marriage means “everything automatically goes to your spouse.” While spouses do benefit from inheritance tax exemptions and partial rights under intestacy law, the absence of a valid will can:
- Causes disputes over assets.
- Delay probate.
- Leave children or stepchildren with no inheritance.
- Lead to your estate being distributed in a way you didn’t intend.
A will ensures your wishes are followed, legally, and without unnecessary stress for your loved ones.
What Is the Best Type of Will for Married Couples?
1. Mirror Wills (Best for Most Couples).
What it is: Two almost identical wills where each partner leaves their estate to the other, and after both have passed away, the estate goes to named beneficiaries (usually children).
Ideal for:
- First marriages.
- Families with mutual children.
- Shared financial goals.
Benefits:
- Cost-effective and easy to set up.
- Each spouse retains the right to amend their will while both are alive.
- Can be drafted quickly by a Meridian Legal Services will-writer.
- Qualifies for spousal inheritance tax exemptions.
Things to consider:
Mirror wills are not legally binding on the survivor. After the first partner dies, the surviving spouse can lawfully change their will. This could be an issue in blended families or if you want to ensure your assets go to specific beneficiaries (e.g. children from a previous marriage).
Mutual Wills (Best for Binding Agreements)
What it is: A pair of wills with a legal agreement that they cannot be changed after one partner dies.
Ideal for:
- Second marriages or blended families.
- Couples wanting to protect children from a previous relationship.
- Ensuring long-term intentions are honoured.
Things to consider:
- Less flexible if circumstances change.
- Legal enforcement can be complex.
- Not widely used due to their rigidity.
Will Trusts (Best for Asset Protection & Complex Estates)
What it is: A will that includes a trust—usually a life interest or discretionary trust—to manage how and when beneficiaries inherit assets.
Ideal for:
- High-value estates.
- Couples with vulnerable dependents.
- Wanting to protect the family home.
- Avoiding sideways disinheritance (e.g. when a surviving spouse remarries).
Benefits:
- Protects assets for children while still supporting the surviving spouse.
- Can reduce inheritance tax.
- Helpful in planning long-term care funding.
- Excellent for safeguarding family wealth over generations.
Things to consider:
- More expensive to set up than basic wills.
- Requires ongoing trustee management after death.
- Needs specialist legal advice from Meridian Legal Services.
Key Considerations for Couples Choosing a Will in 2025
Blended Families: A trust or mutual will may be essential if you or your spouse has children from previous relationships.
Tax Planning: Married couples benefit from an unlimited inheritance tax allowance, but trusts can help pass assets tax-efficiently to children.
Property Ownership: If you own property jointly, ensure you’ve structured ownership (joint tenants vs tenants in common) to match your will intentions.
Long-Term Care: Will trusts can ring-fence assets from care home fee assessments after one partner dies.
Next Steps for UK Couples in 2025
- Book a consultation with Meridian Legal Services.
- Discuss your family structure and financial goals.
- Review your will regularly, especially after marriage, the birth of a child, or property ownership changes.
- Consider setting up Lasting Powers of Attorney alongside your will to protect against loss of capacity.
A professionally drafted will is one of the most valuable documents a couple can have. Whether you choose mirror wills, mutual wills, or trusts, the key is to ensure your wishes are documented, legally, and with long-term protections in place. Please don’t leave it to chance. Secure your family’s future today with the correct type of will from Meridian Legal Services.
