A Last Will and Testament is one of the most recognizable legal tools in estate planning, acting as a binding document that explains how your property and affairs should be managed after you pass away. Most people rely on a Will to make sure their assets are transferred properly, and their chosen heirs receive what they are entitled to inherit. Married couples often rely on “joint” or “reciprocal” Wills, naming each other as beneficiaries relying on the surviving spouse to distribute the remaining assets after they are gone. Sometimes, however, it is better for spouses to create separate, independent Wills. To help ensure that your wishes are honored, the Los Angeles attorneys at Schomer Law Group, APC explain why married couples should consider executing separate Wills.
Last Will and Testament Basics
A Last Will and Testament is commonly used as a way to ensure that assets are distributed according to your wishes; however, a Will can do far more than decide who gets your belongings. For married couples, in particular, the provisions of a Will can be highly significant, allowing them to:
- Select an Executor to manage their estates.
- Determine how wealth and property should be distributed among beneficiaries.
- Appoint a guardian or alternate guardian for minor children.
- Clarify funeral, burial, or cremation wishes.
What Is a Joint or Reciprocal Will?
Because couples often share homes, financial accounts, and long-term goals, some find it appealing to consider a single document, ether a “joint” or a “reciprocal” Will, that addresses the needs of both spouses. Where an individual Will applies to one person, a joint or reciprocal Will is drafted for two people, usually a married couple. Although the terms are frequently used interchangeably, there are important differences between a joint and a reciprocal Will.
While both joint and reciprocal Wills address the wishes of two people, a joint Will is a single document whereas reciprocal Wills require two documents. A joint Will distributes the estate of both spouses using one Will that is signed by both spouses. Reciprocal Wills also aim to distribute the estates of both spouses; however, each spouse signs his/her own Will. The most important difference between joint and reciprocal Wills is that upon the death of one spouse a joint Will remains in effect and cannot be changed by the surviving spouse but if the spouses signed reciprocal Wills the surviving spouse can modify or revoke his/her Will after the death of the first spouse to pass away.
When Is a Joint Will Appropriate?
Because there are differences between joint, reciprocal, and separate Wills, married spouses should carefully consider which option is best for them. The main advantage of a joint Will is efficiency. Having one document may reduce the time and expense involved compared to drafting two separate Wills. A joint Will may be an appropriate choice for spouses with uncomplicated estates when the following factors apply:
- You want to ensure that your surviving spouse inherits everything first.
- You and your spouse share most of your property and have the same vision for how all estate assets should ultimately be distributed.
- You are older or feel confident that your circumstances are unlikely to change significantly in the future.
When Might a Joint Will Be Problematic?
While joint Wills sound appealing because of their simplicity and efficiency, they come with limitations that need to be weighed carefully before deciding to rely on joint Wills. There are some situations when a joint Will can be problematic, such as:
- Complex Estates: Joint Wills are best suited for relatively modest estates. If you own more sophisticated assets, such as multiple investment accounts, rental properties, or business interests, you may need a more flexible plan than a joint Will can provide.
- Need to Make Changes: Life events, such as divorce, estrangement, or unexpected medical costs, may call for changes that a surviving spouse cannot easily make. This rigidity can create hardship for loved ones when adjustments are necessary. A joint Will locks in decisions that might not make sense in the future. Imagine a surviving spouse who needs to sell the family home to afford medical treatment. If the Will restricts the sale or requires assets to be preserved for heirs, the surviving spouse may face significant financial stress.
Alternatives to a Joint Will
The good news is that joint Wills are only one of many estate planning options that can be used to safely and efficiently distribute your estate assets. Reciprocal Wills can be drafted for each spouse that contain identical provisions, ensuring consistency while allowing future updates. Separate, but complimentary, Wills can also be executed with provisions that are intended to work well with each other. A revocable trust is another excellent option for many married couples, allowing assets to pass outside probate, offering greater privacy, and providing you with the ability to make updates as circumstances evolve.
Do You Have Questions About Which Wills Are Best for Married Couples?
For more information, please join us for an upcoming FREE seminar. If you are married and have additional questions or concerns about which type of Will is best for you and your spouse, contact the experienced Los Angeles estate planning attorneys at Schomer Law Group APC by calling (310) 337-7696 to schedule an appointment.
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