{"id":287106,"date":"2025-04-02T13:16:38","date_gmt":"2025-04-02T18:16:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/wills\/should-married-couples-have-joint-or-separate-wills.html"},"modified":"2025-04-02T13:19:25","modified_gmt":"2025-04-02T18:19:25","slug":"should-married-couples-have-joint-or-separate-wills","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/wills\/should-married-couples-have-joint-or-separate-wills.html","title":{"rendered":"Should Married Couples Have Joint or Separate Wills?"},"content":{"rendered":"\n
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Should Married Couples Have Joint or Separate Wills?<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Married couples should consider creating separate wills instead of a joint will to maintain flexibility and control over their estate planning. A joint will, a single document for both spouses, can limit the surviving partner’s ability to update beneficiaries or sell property, which can be problematic if circumstances change.<\/p>\n\n <\/div>\n\n

When two people marry, they might wonder if they should share a last will and testament. With a joint will, they have one document, signed by both people. When one partner dies, everything can pass to the survivor.<\/p>\r\n

This method might be the simplest way for a couple to create a will, but it is not necessarily the best method of estate planning for couples.<\/p>\r\n

This article explains joint wills and what you should consider before creating a joint will.<\/p>\r\n

What Is a Joint Will?<\/h2>\r\n

A joint will is a last will and testament<\/a> for two people, such as a married couple. A joint will is a single document and can direct all property to a surviving spouse. After the surviving spouse dies, their children (called beneficiaries<\/i>) receive the couple’s estate.<\/p>\r\n

With a joint will, also called a mutual will:<\/p>\r\n