The Disadvantage of Joint Spousal Wills

In traditional nuclear families especially, both spouses often have a desire to draft joint wills that give everything to their surviving spouse and then an equal distribution to their children. This gives rise to the intuitive question: Is it wise to draft a single will instrument that is on behalf of two separate persons, such as a husband and wife?

While a joint will is legal in most states, it is almost never wise to do so.

There are three primary reasons why spouses should not execute a joint will:

The first is that it could be regarded as a “contractual will”, complicating efforts to make changes after one of the spouses dies. Ordinarily, the great discretionary power in having a will is that you may change it at any time so long as you are alive, of sound mind, and elect to do so. In some states that adopt Read the rest of this article!