Real-world examples of examples of pros and cons of joint wills

Examples of how joint wills actually work in real families

Before talking theory, it helps to start with concrete examples of pros and cons of joint wills. Most people only sign one will in their lifetime—maybe two—so seeing how they work in practice matters more than textbook definitions.

Here are several real-world style scenarios that show both the upside and downside. These examples include simple estates, blended families, and situations where the law or family dynamics changed long after the will was signed.

Example of a simple joint will that mostly works as intended

Imagine Maria and David, both in their late 60s, married for 40 years, no children, living in a paid-off condo, modest savings, and a small life insurance policy.

They sign a joint will saying:

• When one dies, everything goes to the survivor.
• When the second dies, everything goes to a local animal shelter and their church.

Pros in this example:

• Their goals are aligned and unlikely to change dramatically.
• There are no children or stepchildren to create competing interests.
• The estate is simple: one home, a few accounts, and charitable gifts.

Cons in this example:

• If the surviving spouse later needs to move into assisted living or sell the condo, the joint will can limit flexibility if it’s interpreted as a binding contract about how the estate must ultimately pass.
• If the shelter or church merges, closes, or changes mission (not rare over 15–20 years), the document may be out of date.

Here the joint will is not a disaster, but it still locks Maria and David into decisions that might not fit their situation 10 or 20 years later.

Best examples of joint wills causing problems in blended families

Now take a more complicated situation—by far the most common source of litigation.

Example of a blended family conflict

Carol and James, both in their 50s, each have two adult children from prior marriages. They sign a joint will that says:

• When one dies, the survivor gets everything.
• When the second dies, all remaining assets are split equally among the four children.

This looks fair on paper. But here’s what actually happens:

• James dies first.
• Carol inherits everything under the joint will.
• Over the next 15 years, Carol helps her own children with college, down payments, and medical bills. She has a closer relationship with them than with James’s children.

Because the joint will is often treated as a binding contract, Carol may be legally blocked from changing the ultimate distribution—even if circumstances change. But she can still spend money during her lifetime. By the time she dies, most of the estate has been used to support her side of the family.

Pros in this example:

• At the time of signing, everyone feels reassured that “all kids are treated equally.”
• The document is easy to understand, which can reduce immediate anxiety.

Cons in this example:

• James’s children may feel cheated if they inherit much less than they expected.
• The joint will may spark lawsuits from stepchildren claiming the survivor violated an implied contract.
• Carol might feel trapped by a plan that no longer reflects her finances or relationships.

This is one of the clearest examples of examples of pros and cons of joint wills: simplicity and initial peace of mind versus long-term rigidity and conflict risk.

Example of a joint will that blocks remarriage planning

Consider Mark and Lisa, both 45, married with two young children. They sign a joint will that says everything goes to the survivor, then to the kids at the survivor’s death.

Five years later, Mark dies in an accident.

Lisa is now a widow in her early 50s. Ten years later she remarries, and her financial situation changes significantly. She wants:

• To provide for her new spouse if she dies first.
• To ensure her children from the first marriage still inherit most of her estate.

If their joint will is interpreted as a mutual, binding contract, Lisa may be unable to change the final beneficiaries without risking a legal challenge from her children or their guardians. She can use lifetime gifts or beneficiary designations to work around it, but that can be messy and expensive.

Pros in this example:

• At the time of signing, Mark and Lisa feel aligned and protected.

Cons in this example:

• The joint will can freeze Lisa’s options for a new, blended family.
• It may interfere with modern planning tools, like a trust that protects assets for children while supporting a second spouse.

This is one of the best examples of how joint wills often fail to anticipate remarriage, which is common. In the U.S., remarriage rates for widowed and divorced adults remain significant, especially for those under 60.

For current data on marriage and remarriage patterns, the U.S. Census Bureau’s marriage and divorce statistics are a good starting point: https://www.census.gov/topics/families/marriage-and-divorce.html

Example of a joint will versus a modern trust-based plan

Take Susan and Robert, both 62, second marriage, each with adult children from prior relationships. They own:

• A house together
• Retirement accounts
• A small business Robert runs

They consider a joint will but instead speak with an estate planning attorney.

If they used a joint will:

• Everything might go to the survivor, then equally to all children.
• The surviving spouse could be stuck with an outdated plan if the business is sold, the house is refinanced, or one child develops serious medical or addiction issues.

Instead, with a revocable living trust and separate wills:

• Each spouse can set aside a share for their own children in trust, while still supporting the surviving spouse.
• The plan can be updated as tax laws, health needs, or family situations change.

This side‑by‑side comparison is one of the clearest examples of pros and cons of joint wills. The joint will offers:

• Lower upfront cost
• One document instead of two

But gives up:

• Flexibility
• Precision in blended families
• Easier updates as laws change

For background on why flexibility matters, see the IRS’s estate and gift tax overview, which is updated regularly: https://www.irs.gov/businesses/small-businesses-self-employed/estate-and-gift-taxes

Example of a joint will stuck in old tax rules

Tax law changes. A lot.

Picture a couple, John and Ellen, who signed a joint will in the early 2000s when estate tax thresholds were much lower. Their joint will includes complex formulas designed for those older rules.

Fast‑forward to 2025:

• The federal estate tax exemption is far higher than when they signed.
• Their net worth has not grown as much as expected.

Because their joint will is treated as a binding contract, updating it is difficult or impossible once one spouse dies. Their estate plan may:

• Overfund certain trusts that no longer serve a clear purpose.
• Increase administrative costs for the surviving spouse.
• Fail to take advantage of newer planning strategies.

In this example, the big con is that the joint will locks in an outdated tax strategy. By contrast, separate wills and revocable trusts are easier to adjust as the legal landscape shifts.

For current estate tax thresholds and planning considerations, the American Bar Association’s estate planning resources are helpful: https://www.americanbar.org/groups/real_property_trust_estate/

Example of a joint will that protects a vulnerable surviving spouse

Not all stories are negative. Here’s one of the better examples of when a joint will might align with a couple’s goals.

Emma and Paul are in their late 70s. They have:

• One adult child who is financially secure
• A modest home and some savings
• Strong religious beliefs and a desire to leave a specific charitable legacy

They worry that if one of them survives for many years, that person might be pressured by relatives or acquaintances to change the will or give away too much money.

They sign a joint will that:

• Leaves everything to the survivor
• Then leaves a fixed percentage to charity and the rest to their only child

Pros in this example:

• The joint will acts like a contract, making it harder for outsiders to manipulate the surviving spouse into rewriting the plan.
• Their situation is simple: one child, modest estate, shared charitable goals.

Cons in this example:

• If their child later has special needs or serious financial trouble, the plan is hard to adapt.
• If long-term care costs explode, the fixed charitable gift may no longer make sense.

This is one of the more sympathetic examples of examples of pros and cons of joint wills: protection against undue influence versus the risk of being unable to adapt to future needs.

Example of a joint will clashing with non‑probate assets

Modern estates are not just about the will. Many assets pass outside probate:

• Retirement accounts with named beneficiaries
• Life insurance policies
• Pay‑on‑death (POD) bank accounts

Imagine Olivia and Henry sign a joint will leaving everything to each other, then to their three children.

Years later:

• Henry changes the beneficiary on his retirement account to a new partner he’s secretly living with.
• The joint will still says everything goes to Olivia, then the kids.

Result:

• The retirement account passes directly to the new partner, not under the joint will.
• Olivia and the children may feel the joint will was “broken,” but legally, beneficiary designations usually win.

Pros in this example:

• The joint will provides clear guidance for probate assets.

Cons in this example:

• It creates a false sense of security if beneficiary designations and titling are not coordinated.
• It may trigger expensive litigation if the family argues Henry breached an implied contract.

This is one of the best examples showing that even the most carefully drafted joint will cannot control every asset. Modern estate planning has to coordinate wills, trusts, and beneficiary forms.

Key patterns in examples of pros and cons of joint wills

Looking across these real examples, some patterns show up again and again. These patterns are the best examples of what you should weigh before signing anything.

Pros that show up in many examples

Across the different scenarios, the advantages tend to cluster around simplicity and emotional comfort:

• One shared document feels easier. Couples like the idea of “our will” instead of “my will” and “your will.” It feels symbolic of unity.
• Lower upfront cost. In many markets, a joint will is cheaper than drafting two separate wills or a trust package.
• Perceived fairness for children. Especially in blended families, a joint will can look like a neutral referee: everyone gets the same share, at least on paper.
• Some protection against pressure on the survivor. Because many joint wills are treated as contracts, it’s harder for someone to talk the survivor into completely rewriting the plan.

These pros show why couples still ask for joint wills, even though many estate lawyers discourage them.

Cons that dominate the real examples

The downsides, unfortunately, tend to be bigger and longer‑lasting:

• Rigidity. Once one spouse dies, the surviving spouse is often stuck with the original plan, even if the family’s needs change.
• Remarriage complications. Almost every example involving a second marriage shows tension between supporting a new spouse and honoring the old contract.
• Blended family conflict. Stepchildren and half‑siblings are frequent litigants when joint wills are involved.
• Tax and law changes. A joint will signed under old rules can be hard to fix when exemptions, probate rules, or family law change.
• Coordination problems. As the Olivia and Henry example shows, joint wills do not override beneficiary designations or joint ownership.

Taken together, these patterns are strong real‑world examples of examples of pros and cons of joint wills: short‑term comfort versus long‑term constraints.

When examples suggest you should avoid a joint will

Based on the kinds of real examples estate lawyers see in court and mediation, there are some recurring red flags. If any of these sound familiar, a joint will is usually not the right tool:

• You have a blended family with children from prior relationships.
• You are under 65 and open to the possibility of remarriage.
• Your assets include a business, rental properties, or large retirement accounts.
• You expect your finances to change significantly (stock options, inheritance, business sale).
• You live in a jurisdiction where joint wills are treated strictly as binding contracts.

In these situations, the cons in the examples above tend to outweigh the pros. Separate wills, sometimes paired with trusts, usually give you far more control and flexibility.

For a plain‑English overview of wills, trusts, and beneficiary designations, the Consumer Financial Protection Bureau offers accessible guides: https://www.consumerfinance.gov/consumer-tools/managing-someone-elses-money/

Frequently asked questions with examples

What are some real examples of when a joint will might be acceptable?

A joint will might be acceptable for:

• An older, long‑married couple with no children and a simple estate who want to leave everything to each other, then to one or two charities.
• Spouses with one adult, financially stable child and minimal assets beyond a home and savings account, where their goals are highly aligned and unlikely to change.

Even in these examples, many attorneys still prefer separate mirror wills for flexibility, but the risk of serious harm is lower than in blended or high‑net‑worth families.

Can you give an example of a joint will causing a lawsuit?

A common example of a joint will sparking litigation is a blended family where the surviving spouse spends or gifts more to their own children, leaving less for the other spouse’s children than expected. The stepchildren may sue, arguing the joint will was a binding contract that the survivor violated through lifetime gifts or beneficiary changes.

Are joint wills still used in 2024–2025, or are they outdated?

They are still used, but far less often. Trends in 2024–2025 show most estate planners favor:

• Separate wills for each spouse
• Revocable living trusts for larger or more complex estates

Joint wills are increasingly seen as an older tool that doesn’t fit modern family structures, where divorce, remarriage, stepchildren, and non‑probate assets are common.

Do all states treat joint wills the same way?

No. Some states and countries treat a joint will as strong evidence of a binding contract that limits the survivor’s ability to change the plan. Others look more at the specific wording. Because of these differences, it’s important to speak with a local estate planning attorney before signing any joint will.

If I already have a joint will, can I change it?

If both spouses are still alive and mentally competent, you can usually revoke and replace a joint will with updated documents. Once one spouse has died, the survivor’s options may be limited if the joint will is interpreted as a contract. This is where early legal advice matters; an attorney can review the exact language and state law to see what flexibility remains.

The bottom line from these examples of examples of pros and cons of joint wills: they can work in narrow, stable situations, but they often age badly in the real world. Before you sign one, look hard at the real examples above and ask yourself whether your life is likely to stay that simple for the next 10–30 years. If the honest answer is no, it’s time to talk about separate wills or a trust‑based plan instead.