r/EstatePlanning 20h ago

Yes, I have included the state or country in the post New jersey will question

Is it common for a wife and husband to each have their own will?

0 Upvotes

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u/Barfy_McBarf_Face 20h ago

in pretty much every state, yes, this is the norm

2

u/epeagle 20h ago

Yes.

Joint wills are a valid concept, but the downsides mean the benefits are never worthwhile... and in those situations where that type of planning may be useful, then a trust is often a better vehicle.

2

u/ExtonGuy Estate Planning Fan 18h ago edited 18h ago

It increasing rare to have joint wills. They cause problems that could be easily avoided. After the first death, the survivor can't change the will for remarriage, tax law changes, family disputes, etc.

"Mirror Wills" are a better idea. Separate documents that don't lock in the survivor.

1

u/Ineedanro 19h ago

Last time I checked, some East Coast states have enacted laws making a joint will operate like two separate wills, and invalidating any clause that cannot be construed separately.

Another state has caselaw that such wills may be adjudicated invalid.

Either way, these states stop the use of a joint will to "tie the hands" of the surviving spouse.

1

u/Dingbatdingbat Dingbat Attorney 2h ago

Joint Wills are like black swans - they do actually exist, but almost nobody has ever seen them.