Definition of Wills

By definition, a "Simple Will" is a Will that leaves the person's entire estate to their spouse or to their children, equally, without a trust. In other words, wording such as "to my spouse or if my spouse fails to survive me to my children, equally" is a "Simple Will".

Simple Will / Simple Mirror Will

You can either make an individual Will or you can make a Mirror Will with your spouse/partner. A Mirror Will is where each partner agrees to distribute his or her estate (except for special gifts) to their surviving spouse/partner. If the surviving spouse/partner dies or you and your spouse/partner die together then the estate will pass to your children in equal shares or if there is no children to other beneficiaries in equal shares. When a Mirror Will is made, the makers of these Wills acknowledge that the surviving spouse/partner has the right to change his or her Will.

With a Simple Will/Mirror Will the following will apply:

  • If you have a spouse or partner your entire estate is left to them
  • If you have no spouse or partner your enquire estate is left to your children in equal shares
  • If you do not have a spouse, partner or children your entire estate is left to another individual or organisation or a group of individuals or organisations in equal shares.
  • A legacy to a charity can be included in your Simple Will/Mirror Will

What stops a Will / Mirror from being a Simple Will?

There are a number of factors that precludes the Will/Mirror Will from being a Simple Will, these include:

  • You are in a second marriage or partnership with possible disagreement over the treatment of your children from previous marriage(s).
  • You have dependents or children that have disabilities and therefore complex instructions are required for their care
  • You have a complex estate that includes multiple properties, businesses, property abroad etc,
  • Your estate at the time of making your Will is worth more than £325,000 or is likely to be worth more than £325,000 at the time of your death (£650,000 if you are a married couple)
  • You want to leave gifts or legacies to more than a few beneficiaries or not in equal shares (i.e. property or cash)
  • You have children that you do not support.
  • You want to disinherit a close family member
  • Appointing a guardian for your children may preclude your Will from being a Simple Will dependent on the complexity of any trusts that need to be arranged.
  • Leaving someone a lifetime interest in your property.

How can we help?

Why Choose Spencers Solicitors?

At Spencers Solicitors we are fearlessly committed to our clients and ensuring that their best interests are central to everything we do. To maintain this focus, we request client feedback at the conclusion of every case we handle. By sharing the responses we receive, you'll find out why clients choose Spencers Solicitors to deal with their legal issues.

View Client Feedback

Contact Us Today

Our offices are conveniently located near to Chesterfield town centre & fully equipped with onsite meeting facilities, disabled access and free parking.

  08000 93 00 94

  Drop into our offices

  Online Enquiry