Joint wills are legal documents created by two individuals, typically spouses or partners, to outline their estate planning wishes. These documents allow both parties to express their intentions regarding the distribution of their assets upon death, often simplifying the process for surviving beneficiaries. However, joint wills must adhere to specific legal requirements to be valid. Here, we present three detailed examples of legal requirements for joint wills.
In many jurisdictions, one of the fundamental legal requirements for a joint will is proper execution. This means that the will must be signed in the presence of witnesses and adhere to state laws regarding signature placement and witness qualifications.
Consider a married couple, Alice and Bob, who decide to create a joint will to ensure their estate is divided equally between their children upon their deaths. They gather in their living room, each holding a copy of the joint will.
They invite two friends, Carol and Dave, to witness the signing. Alice signs the document first, and then Bob signs it in front of Carol and Dave, who also sign as witnesses. According to their state law, at least two witnesses must be present, and they must be disinterested parties – meaning they do not stand to inherit anything from the will.
Another legal requirement is the clear expression of testamentary intent. This means that the joint will must explicitly state the couple’s wishes regarding the distribution of their assets upon their deaths.
For instance, let’s say Sarah and Tom have a joint will stating that upon the death of the first spouse, all assets will be transferred to the surviving spouse, and upon the death of the second spouse, their assets will be divided equally among their three children. The will clearly outlines their wishes, stating:
“In the event of our death, we direct that all our properties, including but not limited to our home, bank accounts, and investments, shall be transferred to the surviving spouse. Upon the death of the surviving spouse, all properties shall be distributed equally among our children: Emily, Jack, and Lucy.”
Lastly, joint wills must comply with all relevant state laws, which can vary significantly. This includes the need for notarization in some states or specific language to be included in the will.
For example, in Florida, John and Lisa wish to create a joint will. They must ensure that their will includes specific clauses that adhere to the Florida Probate Code. Their joint will includes the following statement:
“This joint will is made in accordance with the provisions of Florida Statutes, Chapter 732, governing the disposition of property upon death.”
After drafting the will, they also visit a notary public to have their signatures notarized, as required by Florida law to enhance the will’s validity.