Joint Last Wills and Testaments

What are the advantages of joint wills?

Joint wills offer several benefits for couples who want to plan their estates together. Understanding these advantages can help you determine if this approach aligns with your goals.

1. Provides peace of mind for both parties

The main advantage of joint wills is the peace of mind for the individuals involved as they know exactly what will happen to their assets upon their deaths. If you are concerned, for instance, that your spouse will remarry after your death and then leave your assets to the new spouse, a joint will could prohibit that.

2. Ensures wishes are followed

Because the surviving spouse is bound to the provisions of the joint will, both parties can feel confident that their mutual decisions will be honored. This binding nature means the surviving spouse cannot later redirect assets to a new partner or disinherit originally named beneficiaries.

While joint wills provide certain protections, they also come with some limitations that couples should carefully consider before making this decision.

3. Lacks flexibility

Circumstances can change drastically after the death of the first person but the surviving spouse would still be bound to the terms of the joint will. It can tie up property for years until the second person dies even when a newer will reflecting the changed circumstances would have been appropriate.

The surviving spouse generally cannot change or revoke a joint will after the first spouse dies, as it functions as a binding contract. If the survivor attempts to create a new will or modify the distribution plan, the originally named beneficiaries can challenge the changes in court. For example, if your joint will leaves assets to your children, the surviving spouse cannot later disinherit them or redirect those assets to a new spouse—even decades after your death. Courts may allow rare exceptions in cases involving fraud, undue influence, or if the original joint will specifically included provisions permitting modifications, but these situations are uncommon.

4. Lacks adaptability to changing circumstances

Life changes, such as health issues, financial needs, or family dynamics, may require estate plan updates that a joint will cannot accommodate. For example, if the family home were bequeathed to be left to the children, the surviving spouse could not sell the home even if they needed money or had to move into an assisted living facility.

Is a joint last will for us?

Whether a joint last will and testament is a good estate planning option depends on your circumstances. A joint will may be appropriate if:

• You share most or all assets. Couples with fully combined finances often find joint wills helpful.
• You want binding protection. If ensuring assets go to specific beneficiaries (like children from a prior marriage) is a priority, the binding nature may provide peace of mind.
• Your circumstances are unlikely to change. Joint wills work best when both parties are confident their wishes will remain consistent.

Not all states recognize the validity of joint last wills and testaments. Some states explicitly prohibit joint wills, while others allow them but may impose specific requirements or discourage their use. Even in states that permit joint wills, courts often scrutinize them more carefully than individual wills, particularly regarding whether the document creates a binding contractual obligation. State laws also vary on whether joint wills are automatically considered irrevocable after the first death or whether additional evidence of contractual intent is required. Research your state's laws or consult an attorney to confirm a joint will is enforceable where you live and understand exactly how local courts will interpret its terms.

How are joint wills helpful for blended families?

Joint wills can be particularly appealing for blended families, where each spouse wants to ensure their biological children receive an inheritance.

• The binding nature of a joint will prevents the surviving spouse from later favoring their own children over stepchildren or disinheriting a deceased spouse's children entirely. This protection can provide significant peace of mind when both spouses want to treat all children fairly.

However, the inflexibility that makes joint wills protective can also create problems for blended families.

• Family dynamics often shift over time, relationships may become strained, new grandchildren may be born, or stepchildren may need more or less support than originally anticipated. A joint will cannot accommodate these changes, which may leave the surviving spouse unable to respond appropriately to evolving family circumstances.

If you have a blended family, consulting with an estate planning attorney can help you weigh the pros and cons of a joint will against other options.

FAQs about joint last wills and testaments

How do I create a joint will?

You can create a joint will using do-it-yourself forms, an online estate planning service like LegalZoom, or by working with an attorney. Whichever method you choose, ensure your joint will complies with your state's specific legal requirements.

Michelle Kaminsky, Esq., contributed to this article.