Did they agree never to change their wills, and then change them anyway?

Couples often make matching wills leaving everything to each other and then to the children. Usually either of them can change their will later. But where they agreed that the wills would not be changed, the law may hold the survivor to that agreement, even if they later made a new will leaving the estate elsewhere.

We can put you in touch with specialist inheritance dispute solicitors who can assess your claim for free and act for you on a genuine No Win No Fee basis.

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Do you have a mutual wills claim?

The key is proving that there was a binding agreement, not just matching wills. You may have a claim if:

Your parents, or a parent and stepparent, made wills at the same time leaving the estate to each other and then to you.
They told you, or others, that the wills were fixed and could not be changed.
The solicitor’s file or the wills themselves refer to an agreement not to revoke.
After the first death, the survivor made a new will cutting you out, often in favour of a new partner or their own children.
The survivor gave away or sold assets during their lifetime to defeat the original arrangement.

If the wills were meant to be binding and that promise has been broken, we want to hear from you.

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What the courts require

Mutual wills claims are unusual because they enforce a contract through a trust. The courts are strict about the evidence.

Legg v Burton [2017] EWHC 2088 (Ch)

A couple made mirror wills leaving everything to their two daughters. The husband died, and the wife later made a series of new wills favouring grandchildren. The court accepted evidence from the daughters that both parents had promised the wills were “set in stone” and held that the original wills were mutual. The estate went to the daughters.

Re Goodchild [1997] 1 WLR 1216

The Court of Appeal held that matching wills and a shared intention are not enough. There must be a clear agreement that the wills are binding. Where that agreement could not be proved, the claim failed, though the son succeeded instead under the Inheritance Act.

Charles v Fraser [2010] EWHC 2154 (Ch)

Two sisters made mirror wills after agreeing that the survivor would not change hers. One sister later did. The court enforced the agreement, showing that the doctrine applies to any two people, not only spouses.

How C-PAID can help

The whole case turns on proving the agreement. Our panel solicitors obtain the will files from the solicitor who drew up the original wills, gather statements from everyone who heard the couple describe the arrangement, and trace what happened to the assets after the first death.

Because mutual wills claims can fail on evidence, they are usually run alongside an Inheritance Act claim or a proprietary estoppel claim so that you are not relying on one ground alone. The assessment is free and any claim is on a genuine No Win No Fee basis. contact us or call 0161 532 8111.

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Time limits

A mutual wills claim is a claim to enforce a trust and is not subject to the six month Inheritance Act deadline. But where an Inheritance Act claim is also being brought, that six month period from the grant of probate must be met.

Delay also risks the estate being distributed. Early advice allows a caveat to be lodged and assets to be protected.

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Frequently asked questions

My parents had identical wills. Does that mean they were mutual wills?

Not on its own. Identical or mirror wills are common and either person can normally change theirs. Mutual wills require proof of an agreement that neither would change without the other’s consent.

Does the agreement have to be in writing?

No. Spoken agreements can be enforced if they can be proved, as in Legg v Burton, but written evidence, particularly in the solicitor’s file, makes the claim much stronger.

What if the survivor spent or gave away the money?

The trust attaches to the survivor’s estate from the first death. Deliberate attempts to defeat it by lifetime gifts may be challenged, though everyday spending is allowed.

What if I cannot prove the agreement?

You may still have an Inheritance Act claim as a child or stepchild of the family, or an estoppel claim if promises were made to you directly. Your solicitor will consider all of these.

Related news and advice from C-PAID:

Mutual Wills Proprietary Estoppel

Mirror Wills in Blended Families: Time for a Presumption of Mutuality?

4th February 2026

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Why the law should recognise that when stepparents include stepchildren in mirror wills, there must be a deal. One in…

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Enforcing an agreement never to change wills

28th November 2018

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A Will is a document that can never truly be unchangeable. Even if a term in the Will stipulates that…

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