Best examples of joint will example clauses explained

Examples of joint will example clauses explained in everyday language

Let’s skip the theory and go straight to what most people actually want: examples of joint will example clauses explained in plain, readable English.

Below are realistic sample clauses based on what you’ll see in many U.S. and common‑law jurisdictions. These are illustrative only – the exact wording should always be tailored by a local attorney.

Example of a basic “everything to each other, then to kids” clause

This is the classic married‑couple joint will setup. It’s simple, and it’s also the reason many people think joint wills are a good idea.

Sample clause
We, Alex Smith and Jordan Smith, being husband and wife, hereby declare this to be our Joint Last Will and Testament. Upon the death of the first of us to die, we give, devise, and bequeath all of our property, whether real, personal, or mixed, and wherever located, to the survivor of us. Upon the death of the survivor of us, we give, devise, and bequeath all of our remaining property in equal shares to our children, Taylor Smith and Casey Smith, per stirpes.

What this does, in plain English:

First spouse dies → everything goes to the survivor.
Second spouse dies → whatever’s left is split equally between the children.
“Per stirpes” means if one child dies before the second parent, that child’s share goes to their own children.

This is one of the most common examples of joint will example clauses explained in estate‑planning textbooks and law firm blogs because it captures the basic idea of a mutual plan.

Examples include protections for children from prior relationships

Joint wills get risky when you add stepchildren and ex‑spouses. Many people use joint wills to try to lock in a promise that the surviving spouse won’t cut out the first spouse’s kids.

Sample clause
Upon the death of the first of us to die, all of our property shall pass to the survivor of us. Upon the death of the survivor of us, we direct that all of our remaining property shall be distributed as follows: one‑half (1/2) to the children of Alex Smith, namely, Morgan Smith and Riley Smith, in equal shares, and one‑half (1/2) to the children of Jordan Smith, namely, Drew Lee and Jamie Lee, in equal shares. The survivor of us acknowledges that this Joint Will is made in consideration of the mutual promises contained herein and agrees not to alter this disposition by any later will or codicil.

What’s going on here:

First death → survivor inherits everything, as usual.
Second death → estate is split 50/50 between each spouse’s biological children.
That last sentence is the kicker: it’s trying to make the joint will contractual so the survivor can’t later sign a new will disinheriting the stepkids.

Courts in many U.S. states are wary of joint wills precisely because of this. Case law since the 1990s in several states treats joint wills as a binding contract once one spouse dies, making it hard for the survivor to change their plan even if circumstances change.

For an overview of how contracts to make a will are treated, see the discussion in the Uniform Probate Code §2‑514 (model law adopted in many states).

Best examples of trust‑style clauses inside a joint will

Modern estate planning often favors revocable living trusts over joint wills, but some people try to bake trust‑like protections right into a joint will. Here’s an example of that approach.

Sample clause
Upon the death of the first of us to die, we give all of our property to the survivor of us, to be held as a life estate for the survivor’s benefit. The survivor shall have the right to use and enjoy the property and to spend income and principal as reasonably necessary for health, maintenance, and support. Upon the death of the survivor of us, any property then remaining shall be distributed to our issue, per stirpes, and shall not be subject to any testamentary disposition by the survivor.

Translation:

Survivor can use and spend the assets as needed while alive.
Whatever is left must go to the couple’s descendants.
The survivor can’t rewrite the plan to favor a new spouse or new children.

This kind of clause shows up as one of the best examples of joint will example clauses explained in trust‑and‑estate casebooks because it highlights the tension: you’re trying to support the surviving spouse but also control what happens after their death.

Trend note for 2024–2025: attorneys are increasingly steering clients toward a joint revocable trust instead of a joint will for this exact reason. A trust is easier to amend while both spouses are alive and more flexible after the first death.

Examples of joint will example clauses explained for guardianship of minor children

Parents with young kids often care more about who raises the children than who gets the house. Joint wills commonly include matching guardianship language.

Sample clause
If we both die before any of our children reach the age of eighteen (18) years, we nominate and appoint Jordan’s sister, Kelly Lee, as Guardian of the person of our minor children, and Alex’s brother, Chris Smith, as Guardian of the property of our minor children. If either of them is unwilling or unable to serve, we nominate and appoint our friend, Dana Kim, to serve in the same capacities.

Key points this example of a guardianship clause shows:

“Guardian of the person” handles day‑to‑day care of the child.
“Guardian of the property” manages money and assets.
There’s a backup choice in case the first pick can’t serve.

This is one of the most practical examples of joint will example clauses explained you’ll see in real documents, because it addresses the single biggest fear most parents have.

For a good general overview of guardianship concepts, the U.S. Administration for Community Living provides educational material, though you still need state‑specific legal advice.

Real examples of property‑specific and house‑protection clauses

Many couples are less worried about bank accounts and more worried about the family home. They want the survivor to live there, but also want to guarantee that certain heirs eventually inherit it.

Sample clause – house protection
We own as our primary residence the real property located at 123 Oak Street, Springfield, together with all improvements thereon (the “Residence”). Upon the death of the first of us to die, the Residence shall pass to the survivor of us. Upon the death of the survivor of us, we give the Residence to our child, Taylor Smith. If Taylor Smith does not survive the survivor of us, the Residence shall be sold and the net proceeds added to the residue of our estate.

How this plays out in real life:

First death → survivor owns the house outright.
Second death → house goes to one specific child.
If that child has already died → sale proceeds are divided under the general “residuary” clause.

And here’s a more restrictive example of a clause for blended families:

Sample clause – right to live in the house
Upon the death of the first of us to die, the survivor of us shall have the right to reside in the Residence for so long as the survivor occupies it as a primary residence. The survivor shall be responsible for ordinary maintenance, property taxes, and insurance. Upon the survivor’s death or permanent relocation from the Residence, we direct that the Residence be sold and the net proceeds distributed one‑half (1/2) to the children of Alex and one‑half (1/2) to the children of Jordan, in equal shares.

This kind of language shows up in many real examples of joint wills where each spouse wants to protect their own children’s future share of home equity.

Examples of joint will example clauses explained for digital assets and modern life

In 2024–2025, ignoring digital assets is asking for trouble. Joint wills are slowly catching up.

Sample clause – digital assets
We direct our Personal Representative to take control of, access, and manage our digital assets and digital accounts, including but not limited to email accounts, social media accounts, cloud storage, and cryptocurrency wallets, in accordance with applicable law, including any version of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) adopted in the state of our domicile at death. We authorize our Personal Representative to obtain, access, modify, and delete digital assets as reasonably necessary to administer our estate.

Why this matters:

Many states have adopted some version of RUFADAA, which governs access to digital assets.
Including this type of clause in a joint will signals that the executor should assert those rights.

This is now one of the best examples of joint will example clauses explained that you’ll see in updated forms from 2024 onward, especially for tech‑savvy couples with crypto or cloud‑only financial records.

Tax and charitable gift examples in joint wills

High‑net‑worth couples or charitably minded spouses often want to coordinate giving in a single joint document.

Sample clause – charitable bequest
Upon the death of the survivor of us, we give the sum of Fifty Thousand Dollars ($50,000) to the American Red Cross, a nonprofit organization organized under the laws of the United States, to be used for its general charitable purposes. This gift shall be made before distribution of the residue of our estate.

And a simple tax‑awareness clause:

Sample clause – marital and tax planning
We intend that all transfers between us qualify, to the maximum extent permitted by law, for the federal estate tax marital deduction and any applicable state estate or inheritance tax marital deduction. Our Personal Representative is authorized to make any elections under federal or state tax law that they deem advisable to minimize overall transfer taxes consistent with this Will.

These aren’t fancy, but they’re realistic examples of joint will example clauses explained in plain language that still nod to the federal estate tax system. For background on current federal estate tax thresholds and marital deduction rules, see the IRS estate and gift tax overview at IRS.gov.

Why many lawyers now avoid joint wills (and what they use instead)

Here’s the part most online templates don’t tell you: joint wills are going out of style in the U.S. and in many common‑law countries.

Based on 2023–2024 surveys from estate‑planning bar associations and practitioner commentary, most attorneys now prefer:

Separate, coordinated wills (each spouse has their own, with matching or mirror provisions), or
A shared revocable living trust with pour‑over wills.

Why the shift?

Once one spouse dies, a joint will is often treated as a binding contract. The survivor may be stuck with an outdated plan.
Life changes: remarriage, new children or grandchildren, disability, business changes. A frozen joint will can’t adapt easily.
Some probate courts simply don’t like them, and they can trigger litigation over whether the survivor could sign a new will.

So why are we still talking about examples of joint will example clauses explained in such detail? Because plenty of older couples already signed joint wills years ago, and their families are now trying to interpret what those clauses mean.

If you already have a joint will, it’s worth asking an estate‑planning attorney whether:

It’s enforceable in your state.
It can be revoked or replaced by new documents while both spouses are still alive and competent.
A new plan (mirror wills or a joint trust) would give you more flexibility.

Practical tips before you copy any of these examples

A few reality checks before you treat any of these as templates:

State law differences are huge. Community‑property states (like California or Texas) handle marital assets differently than separate‑property states.
Joint wills can conflict with beneficiary designations. Retirement accounts and life insurance with named beneficiaries usually pass outside the will.
Online forms are often outdated. Many generic templates ignore digital assets, stepchildren, and modern tax thresholds.

Still, seeing real examples of joint will example clauses explained gives you a better sense of what to ask your lawyer:

Do we want the survivor locked in to a fixed plan after the first death?
How do we protect children from prior relationships without starving the surviving spouse?
Should we be using a trust instead of a joint will?

If you’re not sure where to start, many state bar associations publish will‑planning guides on their .gov or .org sites, and the American Bar Association offers consumer‑facing estate‑planning resources.

FAQ: examples of joint will example clauses explained

Q1: Can you give more examples of joint will clauses that limit the survivor’s ability to change the will?
Yes. A common pattern is language stating that the will is made “in consideration of our mutual promises” and that the survivor “agrees not to alter the disposition” after the first death. Some versions go further and say the survivor “shall not execute any later will or codicil” that changes beneficiaries. Courts may treat that as a binding contract once one spouse dies, which is exactly why many attorneys now avoid joint wills.

Q2: Is a joint will better than having separate mirror wills?
Usually not. Separate mirror wills can say almost the same thing as the examples of joint will example clauses explained above, but they leave more room for the survivor to update their plan if life changes. A joint will tends to freeze the arrangement after the first death.

Q3: Are there any situations where a joint will still makes sense?
Occasionally. For example, older couples with no children, very simple assets, and a strong desire to lock in a fixed charitable plan might use a joint will. Even then, many lawyers would still rather use coordinated separate wills or a joint trust instead of relying on the older joint‑will model.

Q4: Do these examples include everything I need for my own will?
No. These are educational samples, not legal advice. Real documents need state‑specific language, executor appointment clauses, residuary clauses, and often separate provisions for retirement accounts, business interests, or foreign property. Use these examples of joint will example clauses explained as a conversation starter, not as a finished form.

Q5: How often should a couple with a joint will review their plan?
Ideally every three to five years, and after major life events: marriage, divorce, birth or adoption of a child, a big move to another state or country, or a major change in wealth. For many couples, that review leads to replacing an old joint will with more modern documents.

Bottom line: reading through realistic examples of joint will example clauses explained is the fastest way to understand what you’re really signing. The next step is to sit down with an estate‑planning attorney in your state and customize a plan that fits your actual life, not a generic form from the internet.

Best examples of joint will example clauses explained for real couples