Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Writing a will isn't a template exercise. Families look different, estates look different, and what works for a single person renting a flat won't necessarily suit a blended family with a holiday home and a stake in a limited company.
That's why English law recognises several different types of will, each designed to solve a slightly different problem. On this page I've pulled together a plain-English guide to the main options you're likely to come across: single wills, mirror wills, wills with trusts built in, and living wills (which aren't really wills at all, strictly speaking).
By the end you should have a much clearer sense of which direction makes sense for you, and what questions to ask before you put anything in writing.
What this document is
A will is a legal document that sets out what you want to happen to your estate, your money, property, possessions and sometimes digital assets, after you die. In England and Wales, the core rules come from the Wills Act 1837, and section 9 in particular sets out the formalities that make a will valid: it must be in writing, signed by you, and witnessed by two people who are present at the same time.
Wills in Scotland and Northern Ireland follow slightly different rules, so if you live there or hold assets there the position can be different. Within that framework, people tend to choose between a few broad styles of will depending on their circumstances.
A single will covers one person. Mirror wills are a matching pair for a couple. Wills containing trusts are used when you want to control how and when beneficiaries receive something, rather than handing it over outright. And living wills deal with medical treatment rather than money. Choosing between them is really a question of what problem you're trying to solve.
How to use this document
Take stock of what you actually own. Before you can decide what type of will you need, you need a realistic picture of your estate. That means property, savings, pensions, life policies, investments, business interests, vehicles and anything of meaningful sentimental or financial value. Note down any joint assets too, because these often pass outside your will by survivorship.
Think about who depends on you. The right type of will is heavily influenced by your family shape. A couple with no children from previous relationships will often find mirror wills straightforward. If you have stepchildren, a second spouse, or children from an earlier relationship, mirror wills alone can leave gaps, and a will containing a trust may protect everyone involved more fairly.
Decide whether control matters more than simplicity. A straightforward gift is quick and clean, but it gives the beneficiary full ownership the moment probate completes. If you're worried about a young beneficiary, a vulnerable relative, future divorces, or care home fees eating into what you leave behind, a trust within your will can give your executors more flexibility over timing and conditions.
Separate medical wishes from financial wishes. A living will, more properly called an advance decision under the Mental Capacity Act 2005, deals with refusing specific medical treatment if you lose capacity. It sits alongside a conventional will rather than replacing it. If end-of-life treatment matters to you, treat this as a separate document and consider a lasting power of attorney for health and welfare as well.
Get the formalities right, and review regularly. Whichever route you choose, the signing and witnessing rules in section 9 of the Wills Act 1837 must be followed or the will can fail entirely. Once signed, store the original somewhere safe and tell your executors where to find it. Revisit the will after any major life event: marriage, divorce, a new child, a house purchase, or the death of a beneficiary.
Q What is the difference between a single will and a mirror will?
A single will is made by one person and reflects only their wishes. Mirror wills are two almost identical wills made by a couple, usually leaving everything to each other first and then to shared beneficiaries, typically children. Mirror wills are not legally binding on the survivor, meaning the person left behind can change their will later, which is something couples sometimes overlook.
Q Do I need a will with a trust in it?
Not everyone does. Trust wills tend to be useful where you want to protect assets for specific people, for example children from a previous relationship, a disabled beneficiary, or a young adult who isn't ready to manage a large sum. They can also help ringfence a share of the family home. Whether one is appropriate depends on your family, your assets and your goals.
Q Is a living will the same as a will?
No. A living will, known in England and Wales as an advance decision, sets out medical treatments you would refuse in the future if you lost the capacity to make that choice yourself. It doesn't deal with your money, property or possessions. Most people who want one keep it alongside a conventional will and a lasting power of attorney.
Q What happens if I die without any will?
If you die without a valid will, you're said to have died intestate, and the intestacy rules in the Administration of Estates Act 1925 decide who inherits. These rules follow a strict order based on family relationships and don't take unmarried partners, stepchildren or close friends into account. The result often surprises families, which is one of the main reasons people make a will in the first place.
Q Does marriage or divorce affect an existing will?
Yes, and this catches people out. Getting married generally revokes any earlier will in England and Wales unless the will was specifically made in contemplation of that marriage. Divorce doesn't revoke the whole will, but it usually treats your former spouse as having died before you for the purposes of gifts and appointments. Either event is a good reason to review what you have.
Q Can I write my own will at home?
You can, and a homemade will is legally valid if it meets the formality requirements. The risk is getting the wording or the signing wrong. Small ambiguities can lead to expensive disputes after death, and poorly drafted trust provisions often fail to achieve what the person intended. For anything beyond a very simple estate, it's worth getting professional input.
Q How often should I update my will?
A sensible rule of thumb is to review your will every three to five years, and whenever something significant changes in your life. That includes marriage, divorce, the birth of a child or grandchild, buying or selling property, starting a business, or the death of an executor or beneficiary. Reviewing doesn't always mean rewriting: sometimes a short codicil is enough.
Choosing between a single will, mirror wills or a will with a trust often comes down to the shape of your family and what you're trying to protect. An experienced legal adviser can talk you through the options on the phone and help you think it through based on what you describe.
✓Plain-English answers to your specific questions about the different types of will
✓Practical perspective on which structure tends to fit situations like yours
✓What to watch out for in your circumstances, for example blended families or business assets
✓Clarity on your next steps before you instruct anyone to draft the document
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.