Mutual Wills for Unmarried Persons

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Commonly Asked Questions about Mutual Wills for Unmarried Persons

Is estate planning less important for unmarried couples?

However, if you are not married, it is even more important to have a Will in order to establish whomever you want to be in charge of how your estate assets are administered and ultimately distributed after you pass away.

Can married couples have different wills?

Some couples think that they can have one joint will together, but this is not a sound approach. Spouses need separate wills. Even if the majority of the information in your wills is nearly identical, you still need to each have your own.

Why would a married couple have separate wills?

Many married couples today have children or assets from a previous marriage that either ended in divorce or death. Having separate wills ensures that we can leave behind what we wish to our biological children.

What happens if your partner dies and you are not married?

Your cohabitation agreement could cover what will happen to your property upon break up or death but this wont cover your whole estate. A will is important as it covers what will happen to your whole estate, your arrangements after you pass, and the guardianship of children.

Can a wife change her husbands will?

A will can only be changed while a person is still alive, so a surviving spouse cannot alter it. A will can be contested if the surviving spouse believes its invalid or was created under questionable circumstances. Keeping your estate plan updated can help ensure no one contests your will after you pass away.

What is the best trust for an unmarried couple?

Revocable Living Trust For many reasons it is often advisable for unmarried partners to each have their own revocable living trusts, naming the other as primary beneficiary. This keeps separate property separate but permits each partner to provide for the other upon death or incapacity.

What type of will leaves everything to your spouse?

A mirror will is the easiest legal form you can use to transfer all of the plans you created in your own will into a similar will for your spouse, while also avoiding several legal headaches that can come up with older legal forms.