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In almost all circumstances, a married couple should have two separate wills. There is the option of a joint will but in practice these are very rare and are treated as two separate wills by the courts anyway; the will is submitted for probate when the first testator dies and then again for each other testator.
an agreement by two people to make Wills on the same binding terms; having not revoked his/her Will one party dies and the other survives; and. equity imposes a trust.
The Drawbacks of Joint Wills Lack of Flexibility: One of the main issues with joint wills is their inflexibility. Once one spouse passes away, the surviving spouse cannot alter the will. This could pose challenges if circumstances change, such as the birth of new grandchildren or changes in financial status.
One thing that can be even more difficult than creating your own will, however, is working with a spouse to create theirs. The reality is, however, there should be separate wills for husband and wife, and it should be planned as soon as possible. No matter if its a first marriage, or youre getting re-married.
Potential Problems With Irrevocable Joint Wills Today, estate planning lawyers advise against joint wills, and they are now rarely used. Most lawyers will tell you that married couples need separate wills, or they will point you to different types of trusts.
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