Mutual Wills or Last Will and Testaments for Unmarried Persons living together with Minor Children - Indiana 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your name in Field [1] and your county of residence in Field [3].
  3. In Article One, specify the name of the person you reside with in Field [4] and list your minor children's names and birth dates in Fields [5]-[10].
  4. For Article Three, detail any specific property bequests by filling out Fields [11]-[27], including names, addresses, relationships, and descriptions of property.
  5. In Article Four, indicate who will receive your homestead by completing Field [29] if not leaving it to your children.
  6. Continue through Articles Five to Eleven, ensuring all necessary fields are filled accurately regarding remaining property, trustees, guardianship, and personal representatives.
  7. Review all entries for accuracy before printing. Ensure you sign the document in front of two witnesses.

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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.
Yes. Joint wills are recognized in Indiana. However, I recommend that two (2) separate documents be prepared. A joint will has been interpreted by some cases in Indiana to be a contract with your spouse.
To clarify, a joint will is different from a mutual will. A joint will is one document signed by two people. A mutual will represents two individual wills that are signed separately, but are largely the same in content.
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.
Pitfalls of mutual wills First, they heavily restrict a surviving spouses choices. As they cannot validly revoke the mutual will, they are stuck with it for the rest of their life. They cannot add or remove any beneficiaries, which means they cannot accommodate relationships that change over time.
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However, there are significant disadvantages to mutual wills. First, they heavily restrict a surviving spouses choices. As they cannot validly revoke the mutual will, they are stuck with it for the rest of their life.

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