Joint Will
Joint Will Writing
Joint Wills, or Mirror Wills, are identical wills usually used by a married couple or partners who want to leave everything to each other, or to each other and their children. They are actually two separate legal documents.
Getting married or remarried automatically cancels any previous Will made unless it specifically states otherwise. Joint Wills can sometimes leave an estate in limbo for many years.
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A joint will is a will made by two or more “testators” (the persons who make the will) contained in a single document. The law treats a joint will as being two or more separate wills. When the first of the testators die the joint will is admitted to probate as if it is the will of the testator who has died. When the second testator dies the will is admitted to probate as if it is the will of that testator, if no fresh will has been made since the joint will was made.
Irrespective of whether it’s a joint or an individual will, there are many good reasons for making one:
- you can decide how your assets are shared – if you don’t have a will, the law says who gets what
- if you’re an unmarried couple (whether or not it’s a same-sex relationship), you can make sure your partner is provided for
- if you’re divorced, you can decide whether to leave anything to your former partner
- you can make sure you don’t pay more Inheritance Tax than necessary
Although it is possible to write a will by yourself, it is advisable to use a solicitor as there are various legal formalities you need to follow to make sure that your will is valid. You may also need legal advice for more complicated matters. A solicitor can also advise you about how Inheritance Tax affects you.
Before you write your will or consult a solicitor, it’s a good idea to think about what you want included in your will. You should consider:
- how much money and what property and possessions you have
- who you want to benefit from your will
- who should look after any children under 18 years of age
- who is going to sort out your estate and carry out your wishes after your death – that is your executor
An executor is the person responsible with passing on your estate. You can appoint an executor by naming them in your will. The courts can also appoint other people to be responsible for doing this job.
You should review your will every five years and after any major change in your life – such as getting separated, married or divorced, having a child or moving house. Any change must be by ‘codicil’ (an addition, amendment or supplement to a will) or by making a new will.
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