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Thread: Can wills be filed jointly? Or must each partner have their own will?

  1. #1
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    Can wills be filed jointly? Or must each partner have their own will?

    Just for example . . . . Can a husband and wife file a joint will? Or must each partner have their own will made up?

  2. #2
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    I don't think so, but I Am Not A Lawyer. So you should see one.
    Cum catapultae proscriptae erunt tum soli proscript catapultas habebunt.

  3. #3
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    You each need a will. One to bequeath to the other and/or other heirs, and then each to decide how their estate should be distributed if the other partner is already deceased (or excluded through divorce).

    Iím not a lawyer either but this is what our lawyer told us.

    Lots of good info on the internet, all of which ends with ďbut check with your lawyer first. ď

  4. #4
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    Thanks for the responses. I found this info:

    A Joint Will is a Single Will that applies to two or more people, usually husband and wife. The Will normally states that when one person dies, all the property will go to the other spouse. When the remaining spouse dies, the property will then be distributed according to what both parties to the Will agreed.
    A joint Will is often long and complicated. ... Even if your separate Wills wind up looking and sounding similar, it is a good idea to create a Will for each spouse, addressing their individual desires. Why Estate Planning Attorneys Advise Against Joint Wills. First of all, spouses do not typically die at the same time.
    This link explains the problems inherent in a joint will: https://www.alllaw.com/articles/nolo...d-couples.html

    So, it seems that the answer is "Yes, a joint will can be created" . . . but it isn't a good idea.

    Sorry to bother you guys with this -- I should have looked on the net first. I thought I would ask the "brain trust" first.

    I'll be leaving now. I used to post here a lot in the old days but now I only post here about once a year . . . so, see ya next year! Thanks again.
    Last edited by Tucson_Tim; 2020-Feb-15 at 04:51 AM.

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    Quote Originally Posted by Tucson_Tim View Post
    Sorry to bother you guys with this -- I should have looked on the net first. I thought I would ask the "brain trust" first.
    Well, you know this crowd! Whatever else one might say of them or some, they all love to try to help anyone with anything for any reason. And then argue 5 more pages about whether the shape of a comma originated in Arabia or perhaps in Aztec culture.
    Quote Originally Posted by Tucson_Tim View Post
    I'll be leaving now. I used to post here a lot in the old days but now I only post here about once a year . . . so, see ya next year! Thanks again.
    Until then!
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  6. #6
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    Quote Originally Posted by Tucson_Tim View Post
    Just for example . . . . Can a husband and wife file a joint will? Or must each partner have their own will made up?
    There are 50+ jurisdictions in the US, alone, and several hundred worldwide. They all have different laws, case law, and regulations about wills. Even a lawyer expert in wills in one of those jurisdictions would have trouble giving an answer for a different one. Contact a local lawyer.
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  7. #7
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    The problem with a joint will (in the UK, at least) is that it can only be changed with consent of both parties. So it turns into a problem as soon as people's opinions and circumstances start to differ, and a nightmare when one party dies.
    Producing two separate wills with identical provisions achieves the same end, but with greater flexibility for the future.

    Grant Hutchison

  8. #8
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    My father and step-mother had a joint will. It was neither long nor complicated.
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  9. #9
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    Quote Originally Posted by Jim View Post
    My father and step-mother had a joint will. It was neither long nor complicated.
    Yes, it can be as simple (or as complicated) as the will for a single individual. My wife and I in effect have a joint will - everything goes to the survivor, and then a very short list of dispositions once the survivor dies. But there are two separate documents, one for each of us, which means the survivor can easily adjust those dispositions in the light of new information.

    Grant Hutchison

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