Employment Law Solicitors

4 Responses to “Can husband and wife set up a joint will or do they have to have seperate wills?”

1. Gaspode Says:
   November 21st, 2010 at 7:14 am

   Unless you know that you will both die at the same time, write individual wills.

2. hexeliebe Says:
   November 21st, 2010 at 7:14 am

   You are not required by law to do it either way. It’s personal preference.

   If you would like another option in the case of wanting to protect joint assets, then you should hold all property together as Joint Tenants with rights of survivorship which passes outside of probate.

   Also, look into forming a trust by speaking with a financial professional.

3. Me2 Says:
   November 21st, 2010 at 7:14 am

   My mom and dad had a joint will. They decided when they die, who would get what. In the event that they didn’t die together, which is what happened, the survivor would make their own will. But because my mom knew what my dad wanted, when she made her own she wrote in it what she and my dad wanted. All it did was put her name on it, without his, and the executor/executrix was changed to whoever she decided. I’m pretty sure that she had to rewrite it cause he had passed and the original had to be read.

4. constantreader Says:
   November 21st, 2010 at 7:14 am

   Each has a separate will, sometimes these are called "mutual" since they are often worded the same only making the other the primary beneficiary, etc. Sometimes the bequests [like family paintings or individual items] will differ – especially when there are kids from prior marriages to consider. You can have "joint tenancy" in property [house, acreage, etc.] but you can’t have a "joint will" – after all, one of them will die first, and there has to be total clarity as to who gets what. After the first spouse dies, the survivor needs to get their own will rewritten to reflect a new beneficiary and any changes in property etc. Most simple wills of average couples are very inexpensive as to legal fees…worth every penny!