When people search for “types of Will in England and Wales”, they are usually trying to answer a much bigger question:
In my experience, the biggest problems do not arise because someone choses the “wrong type” of Will.
They arise because decisions were made too quickly, too cheaply, or more commonly without a proper discussion about the consequences. Solicitors are just as prone to taking your advice and translating it into a legal Will as anyone else. No robust discussion? You are advising yourself and using a professional as a highly paid secretary.
It is always worth emphasising that all Wills need reviewing as taxes, personal circumstances and the Law constantly change. Marriage, divorce, children, and inheritance change things.
Get a friendly adviser in your corner!
A word of warning about “cheap” and “simple” Wills
Many people come to me after being quoted a very low price for a so-called “simple Will”. One thing which especially bugs me is “FREE” Charity Wills, where simple Wills are paid for by the charity. I understand the logic, but if you care about a charity, just leave them some money (and maybe save some Inheritance Tax) don’t make them pay for your Will!
What often happens next is predictable:
- the low price gets them through the door
- you rarely get genuine detailed professional advice or meaningful discussion.
- essential clauses are treated as optional extras
- additional charges then appear for things that should form part of a properly drafted Will, such as:
- basic essential standard trusts for children.
- executor powers
- flexibility for future changes
In short, the Will becomes expensive by instalments. And you might even be sold an expensive Lifetime Trust to earn the seller a couple of thousand pounds commission (not that they are always bad).
A Will should be designed properly from the outset — not built on upselling.
Why the conversation comes first
Before deciding on the type of Will, there should be a robust discussion with an experienced adviser.
That discussion should ensure:
- I properly understand your family, wishes and concerns
- you clearly understand:
- what each option actually does.
- what problems it solves.
- what responsibilities it creates.
- and what can go badly wrong if something is done without thought.
Some arrangements that sound protective or clever can, in reality:
- tie estates up in administration
- create unnecessary trusts
- or land families in Court at significant and avoidable expense
My role is not to sell complexity — it is to prevent unintended consequences.
The main types of Will (in plain English)
- Single (or “Simple”) Will
Often suitable for:
- single people
- single parents
- widows or widowers
- straightforward estates
Simple does not mean basic or flimsy.
Even a single Will should be drafted with enough flexibility to cope with future change.
2. Mirror Wills (Couples)
Two separate Wills, usually leaving everything to the survivor, then on to children or other beneficiaries.
This is the most common arrangement for couples and is often perfectly appropriate.
One important point many people are unaware of is that mirror Wills are not binding on the survivor. They can change their Will later, which may or may not matter depending on family circumstances. But see Life Interest Wills below if that is a concern.
3. Mutual Wills (Rare and Often Misunderstood)Your Attractive Heading
Mutual Wills are sometimes confused with mirror Wills.
They are binding and restrictive, and are now rarely recommended as the consequences can be unexpected and easily end up being disputed in Court at fantastic cost.
They can severely limit flexibility and cause problems for the survivor.
4. Trust Wills – a broad category
“Trust Will” is not one thing. It covers several very different structures.
Some trusts are extremely useful.
Others are routinely oversold using phrases such as:
- “avoid care fees”
- “avoid probate”
- “protect everything forever”
These claims need careful scrutiny.
5. Trust Wills for a vulnerable or less able beneficiary
One situation where a trust Will can be genuinely invaluable is where a beneficiary is vulnerable or less able to manage a lump sum inheritance. MORE
This might include someone with:
- learning difficulties
- physical or mental health challenges
- vulnerability to financial abuse
- or limited capacity to manage money safely
Leaving money outright in these circumstances often results in it being swallowed up by care costs or means-tested support, without genuinely improving that person’s life.
A properly drafted trust can instead be used to provide the extras that state care packages rarely cover, such as:
- trips out, holidays and social activities
- better accommodation or improved surroundings
- additional one-to-one care or companionship
- specialist equipment, therapy or professional advice
Done properly, this approach allows an inheritance to enhance quality of life, rather than simply pay for what the state would otherwise provide.
6. Life Interest / Property Protection Trust Wills
Often suitable where:
- there are children from previous relationships (really useful).
- Protection of a share of the home is important: unexpected legal claims (especially business owners) and potentially some protection against losing pretty much everything.
- Remarriage or sideways inheritance is a concern especially with large age gaps
- Maintaining fairness of inheritance without unduly limiting the survivor’s flexibility.
These can work very well when carefully explained and understood.
When poorly explained, they can create confusion and resentment for families left behind.
7. Discretionary Trust Wills / Flexible Life Interest Trusts
Powerful tools, but not everyday solutions.
Sometimes you can’t look ahead to see what the right solutions are, especially with larger estates where IHT may be a major issue. Potentially you can leave a general guidance note, which you can change from time to time, but leave your executors up to 2 years after your death in which to make the distribution of your assets as tax effective as possible bearing in mind your guidance.
They should only be used where there is a clear, defensible reason — not as a default upgrade.
8. Older Nil-Rate Band Trust Wills
Common in older Wills and frequently out of date.
They are a strong reminder of why Wills should be reviewed regularly, as yesterday’s tax planning can become today’s administrative headache.
9. Flexible Life Interest Trust Wills
These are specialist Wills, typically appropriate where there is a significant level of wealth, complexity, or uncertainty — particularly where future changes in taxation, family circumstances, or beneficiaries’ needs could materially affect the outcome.
Rather than attempting to predict today what the tax rules, asset values, or family dynamics will look like many years from now, a Flexible Life Interest Trust Wills deliberately avoid locking everything into a rigid structure. Instead, it allows informed decisions to be made after death, when the full facts are known. Your executors are given discretion to choose the most appropriate and tax-efficient course of action at the time, guided by the framework and wishes you have set out in your Will.
This flexibility can be crucial. What may appear sensible now can prove inefficient, restrictive, or even damaging if tax rules change or beneficiaries’ circumstances alter. By contrast, a flexible structure allows the estate to be shaped to reflect the prevailing tax environment and the real needs of those you intend to benefit.
In most cases, the law allows up to two years for these decisions to be implemented, giving executors the time needed to take proper advice, respond to the circumstances as they actually exist, and minimise the overall impact of tax — rather than leaving the estate exposed to avoidable costs or unintended consequences.
These are specialist Wills, typically appropriate where there is a significant level of wealth, complexity, or uncertainty — particularly where future changes in taxation, family circumstances, or beneficiaries’ needs could materially affect the outcome.
Rather than attempting to predict today what the tax rules, asset values, or family dynamics will look like many years from now, a Flexible Life Interest Trust Will deliberately avoids locking everything into a rigid structure. Instead, it allows informed decisions to be made after death, when the full facts are known. Your executors are given discretion to choose the most appropriate and tax-efficient course of action at the time, guided by the framework and wishes you have set out in your Will.
This flexibility can be crucial. What may appear sensible now can prove inefficient, restrictive, or even damaging if tax rules change or beneficiaries’ circumstances alter. By contrast, a flexible structure allows the estate to be shaped to reflect the prevailing tax environment and the real needs of those you intend to benefit.
In most cases, the law allows up to two years for these decisions to be implemented, giving executors the time needed to take proper advice, respond to the circumstances as they actually exist, and minimise the overall impact of tax — rather than leaving the estate exposed to avoidable costs or unintended consequences.
9a. Why FLIT Wills Are Not Suitable for Everyone
Flexible Life Interest Trust Wills are powerful planning tools, but they are not a “one size fits all” solution.
They introduce complexity and require a high level of understanding from both the testator and the executors. If the estate is modest, or the family situation is straightforward, this level of flexibility may be unnecessary and could add cost, administration, and delay without delivering meaningful benefit.
These Wills also rely heavily on the competence, integrity, and willingness of the executors to take professional advice and to exercise their discretion properly. Poorly chosen executors, unclear guidance, or a lack of ongoing advice can lead to uncertainty, disagreement between beneficiaries, or decisions that fall short of what was intended.
Finally, flexibility cuts both ways. While it allows adaptation to changing tax rules and circumstances, it can also create anxiety for beneficiaries who prefer certainty and immediate clarity about their entitlement. In some cases, a simpler, well-structured Will provides greater reassurance and a better outcome.
For these reasons, a Flexible Life Interest Trust Will should only be considered after a thorough discussion with an experienced adviser, to ensure it is genuinely appropriate for your circumstances and that its advantages clearly outweigh the drawbacks.
What people worry about most
Across almost all enquiries, the concerns are strikingly similar:
- being oversold something unnecessary
- paying extra for clauses that should be standard
- leaving family with complex trusts they don’t understand
- outdated planning causing modern problems
- estates becoming tied up in Court due to poor advice (or no ACTUAL advice)
These are reasonable concerns.
However, what they should worry about is “instruction taking” in the sense of just noting your details and wishes with no meaningful discussion, apart from an upsell.
My approach
I don’t start by asking “what type of Will do you want?”
I start with:
- a proper conversation – I need to understand the general nature and extent of what you own (and owe) and who you might be expected to consider leaving something to. That includes a sound family background,
- A thorough process is likely to avoid your Will being one of the 1 in 4 which is disputed, at vast expense.
- clear explanations
- and honest guidance about what is sensible — and what may look attractive but could cause trouble later.
- Avoiding “undue influence” where your Will can be invalidated because the beneficiaries have too much involvement in its preparation, such as being present when you go through the discussion process with me.
Only then does the right structure become clear.
Let’s Move Forward
So let’s have an initial chat on 01323 766 766 – my office is in Polegate, so it is easily reached from Hailsham, Eastbourne, Bexhill and Seaford. Enquiry form.