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Commonly Asked Questions about Wills and Testaments for married couples

In most states, it is impossible to totally disinherit your spouse in a will. Spouses have a right of election, and can claim a certain fraction of the estate as their elective share, no matter what the will says. In community property states, a surviving spouse owns half of their shared property.
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.
A joint will is for two people, so it is usually reserved for married couples.
Also worth noting is a mirror will leaves all of your estate to the surviving spouse, after specific distributions to named beneficiaries. If the surviving spouse later remarries and creates a new reciprocal will with their new spouse, children of the first marriage or named beneficiaries may lose their inheritance.
The purpose of a joint last will is to ensure that the wishes of both parties are followed upon their deaths. The surviving spouse is bound to the provisions of the joint will as the terms can only be changed with the consent of both parties.
No matter if its a first marriage, or youre getting re-married. 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.
If you choose to leave all the property you own to your spouse or registered domestic partner, you wont need to list each item separately when making your will.
Joint Will Joint wills are for married couples who want to leave all their assets to their surviving spouse. It is important for each spouse to have their own estate planning documents. But a joint will makes sure the living spouse inherits everything from the partner who passes away first.