The option for creating a joint Will exists in some jurisdictions, and this is why the topic is still talked about in many law school courses
Nevertheless, some states don’t recognize the validity of joint Wills, and many respectable estate planning attorneys will encourage against them. Just due to the fact that you like one another, and perhaps even plan to be buried in the same plot, does not imply that a joint Will is a great concept. Partners share numerous things, but a Will needs to not be among them.
A joint Will is typically long and complex. Wills deal with the personality of possessions, property, cash, and other matters of interest, and intensifying the combined and different interests of both partners is bound to produce some headaches for the couple, their children, and possibly, the court of probate. Even if your different Wills wind up looking and sounding similar, it is a good concept to produce a Will for each spouse, addressing their individual desires.
Why Estate Planning Attorneys Advise Against Joint Wills
In this day and age, most married couples have different issues that they need to deal with during the estate planning process. They might hold separate property. They might want to offer for an ex-spouse or kids from former relationships. They might even have different financial holdings and separate interests such as charitable organizations in which one spouse has more ties to than the other. Different Wills ensure that the requirements and desires of each partner are separately dealt with and few issues develop when the Will goes to probate.