THE STRUCTURE OF A LAST WILL AND TESTAMENT FOR HUSBAND AND WIFE

When a husband and wife are looking to create a Will that leaves their joint property to the surviving spouse and then their children (if any), Standard Legal suggests and offers individual Wills for each spouse.

While some attorneys and Will authors create a single Will document for both husband and wife (often referred to as a "Combined Will" or "Reciprocal Will"), Standard Legal finds that the individual Last Will & Testament structure offers a better legal option.

With a Combined Will, when one spouse dies, the original Will must be submitted to the probate court. When that happens, the information contained in the Will is often made available to the public for inspection and review, which can create privacy issues for the entire family.

Further, the fact that the original Will is submitted to the probate court can create new issues should the other spouse die while the first estate is still being probated. Obtaining a copy of the original Combined Will for filing with the probate court for the "second to die" spouse could create difficulties, especially if the "second to die" spouse has moved his or her home to a jurisdiction different from the location where the first spouse's Will is being probated.

Given these scenarios, utilizing separate, individual Wills for each spouse is preferred. The Will for each spouse can be written to mirror each other, so that the first spouse to die leaves his or her property to the surviving spouse and then to children, if any.

These separate and individual Wills accomplish the same goal as the Combined Will while eliminating a variety of probate issues. It is for these reasons that Standard Legal provides individual Wills for all family members through its software and document preparation packages.

DISCLAIMER REGARDING LEGAL ADVICE: None of information contained on this web site is intended to constitute legal or other professional advice, and you should not rely solely on the information contained on the site for making legal decisions. When necessary, you should consult with an attorney for specific advice tailored to your situation.