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Why joint wills for married couples are unadvisable

On Behalf of | Feb 5, 2024 | Estate Planning

When it comes to estate planning for married couples, joint wills may seem like a convenient option for outlining shared intentions. However, despite their apparent simplicity, joint wills come with notable drawbacks that can complicate matters for couples and their heirs.

Understanding why joint wills are unadvisable can help couples make informed decisions when planning their estates.

Loss of flexibility and control

A primary reason why joint wills are unwise is the loss of flexibility and control they entail. Joint wills bind both spouses to the same set of terms and beneficiaries. This leaves little room for adjustments or changes in circumstances. This lack of flexibility can become problematic if one spouse wishes to modify the estate plan after the other spouse’s death. It can also create issues if the couple’s circumstances change over time.

Potential for disputes and conflict

Joint wills also have the potential to create disputes and conflicts among heirs. This is particularly likely if beneficiaries feel as if the terms of the will exclude them. Since joint wills distribute assets to beneficiaries only after both spouses have died, surviving family members may face uncertainty and contention regarding their inheritance. This can strain relationships. It can also lead to costly legal battles to resolve disputes.

Inefficiency in estate administration

Another downside of joint wills is the inefficiency they introduce into the estate administration process. Upon the death of the first spouse, the surviving spouse may encounter difficulties accessing assets or managing the estate without the flexibility to make changes. This can prolong the probate process. It can also create unnecessary hurdles for the surviving spouse and heirs.

While joint wills may seem convenient, they often come with significant drawbacks that outweigh their perceived benefits. Couples may want to explore alternative estate planning strategies that offer greater flexibility, control and protection for their assets and beneficiaries.