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Commonly Asked Questions about Married Couple Testament Forms

A joint will is one will for two people, often for a married couple, which acts as a last will and testament for both. It has specific rules, often stated in the will itself, which include that after the first spouse dies, that spouses entire estate goes to the surviving spouse.
You can leave an unlimited amount to your spouse without paying any federal estate taxes. Every dollar you leave to your spouse qualifies for the marital deduction, which offsets, dollar for dollar, the assets included in your gross estate.
Both married and unmarried couples should create a Will.
Estate Tax Marital Deduction: Key Considerations For 2024 returns, estates that exceed $13.61 million for individuals and $27.22 million for married couples are subject to estate tax. In 2025, however, the federal estate tax exemption legislation could sunset from a historic high back to a lower limit.
A joint will is for two people, so it is usually reserved for married couples.
There is a federal estate tax, however, which is paid by the estate of the deceased. In 2024, the first $13,610,000 of an estate is exempt from the estate tax. A beneficiary may also have to pay capital gains taxes if they sell assets theyve inherited, including stocks, real estate or valuables.
Its possible to transfer any unused percentage of the inheritance tax nil rate band from a deceased spouse or civil partner to the surviving spouse or civil partner. A formal claim process is in place when the surviving spouse dies and not when the first spouse dies.
Anything left to a spouse or civil partner is EXEMPT from inheritance tax. Inheritance tax is a tax on the estate of someone whos passed away. But as weve said, only around one in 25 families (around 4%) have to pay it, as most estates fall below the inheritance tax threshold.