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Generally speaking, for a married couple who have children, we would recommend they create mirror Wills with a testamentary trust, as well as ensuring that any property is owned as Tenants in Common with relevant Trust or Trusts in place.
It is a customary estate planning practice for each spouse to have his or her own will. While some practitioners may draft a joint will for a married couple, it is not recommended.
Witnesses: A California will must be signed by at least two people who are present at the same time.
Although married couples often share many things, such as bank accounts or the title to a property, its important that you and your spouse create your own estate planning documents. This is helpful in situations where you have individual assets or different wishes for your remains once you pass away.
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.
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Under California law, a marriage automatically invalidates any pre-existing will or trust as to the new spouses inheritance rights, unless the documents provide for a new spouse, or clearly indicate a new spouse will receive nothing.
The Will Must be in Writing In California, oral wills that are not in writing are invalid. A will must be in writing to be considered legally valid. The testator, or person making the will, does not need to write or type the will himself or herself. The will can be typed or hand-written.
When you marry, any existing will is automatically revoked (cancelled) and becomes no longer valid. If you do not make a new one, then when you die the law of intestacy decides how your assets are divided. Usually, your entire estate would go to your wife, husband or civil partner.
Here are the requirements to make a valid will in California: You must be at least 18 years old. You must be of sound mind and memory. You must make your will freely and voluntarily. Your will must be in writing, meaning it exists in a physical form.
A joint will is a legal document executed by two (or more) people, which merges their individual wills into a single, combined last will and testament. Like most wills, a joint will lets the will-makers name who will get their property and assets after they die. Joint wills are usually created by married couples.

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