Joint Wills

Having a joint will may seem like a good idea if you and your spouse want the same thing to happen to your estate after one or both of you die, but in practice, these types of wills are inflexible and problematic, often creating unintended consequences. That’s why they are rarely used and most solicitors recommend other ways of achieving the same goals.

At Rowlinsons our specialist Wills, Trusts and Estates solicitors have extensive experience with helping married couples plan for the future. We can offer advice on how to best pass on your estate to the next generation while financially providing for the surviving partner.

What are the problems associated with a joint will?

A joint will is a single document that covers the wishes of two or more people. Having a joint will is rare and it is usually executed by a married couple.

Joint wills are generally considered to be a bad idea because once the first spouse dies the other is constrained by the terms of the will often with unintended or inflexible results. They may find that they cannot manage or access their assets the way they would like which causes all sorts of problems.

Imagine if you survive for years or decades after your spouse and you have little control over assets covered by the will.

This may restrict you from selling property or accessing assets. You may not be able to take the action necessary to navigate any unforeseen changes in circumstances. For example, you won’t be able to help children or grandchildren out financially, put restrictions on assets to protect them from outside claimants, or even sell the family home so you can move somewhere else.

The restrictive nature of an irrevocable joint will means your hands are tied from any further inheritance tax or estate planning that could better benefit your loved ones. Furthermore, a joint will could lead to disputes about the will, resulting in costly and time-consuming litigation.

Should you ever consider using a joint will?

A joint will is rarely a good idea. Theoretically, if the estate is simple and you completely agree with your spouse about what you want to pass on, you don’t remarry, and your circumstances don’t change then a joint will is unlikely to cause problems. Realistically, it is impossible to predict how your life will pan out and what will happen long term, often many years after the will was created.

How does Rowlinsons help couples plan their wills?

Our team at Rowlinsons understands why couples look for solutions such as joint wills to ensure their interests are protected. We work alongside our clients to help you create the best structure for a will that fits your needs and circumstances, while allowing all the flexibility you expect from a modern, up-to-date will.

Married couples are typically advised to each have their own separate will and to use trust arrangements to ringfence assets for the wished beneficiaries. Generally speaking, trusts are flexible and adaptable to specific situations. They are also more effective when it comes to inheritance tax planning. This means you can still attach restrictions on how the surviving partner can deal with the property without making it impossible for either of you to alter your will.

If you want to reserve the flexibility to respond to the inevitable changes that life brings while safeguarding your assets for future generations to enjoy Rowlinsons solicitors offer specialist advice on estate planning. We can advise on drafting your and your partner’s will and setting up trusts so you can best structure your estate.

Our team includes some of the most prominent and renowned Wills, Trusts, and Estate Planning Solicitors in Cheshire and members of STEP (the Society of Trust and Estate Practitioners) highlighting our technical know-how and expertise in this specialist area of law.

Our awards include Highly Commended in the Boutique Private Client Team of the Year category at the British Wills and Probate Awards 2023 and the National Law Society’s Excellence in Private Client Award 2018.

Contact our Team Today

Couple looking to plan ahead often have more specific requirements than other individuals when drafting a will. Our team at Rowlinsons Solicitor offers specialist guidance, providing the most efficient option for wills for couples and spouses.

We are a leading team of Solicitors in Cheshire based in Frodsham and Sutton Weaver.

The Will Writing Solicitors at Rowlinsons have years of experience helping families of all types and sizes to plan ahead in a way that protects their interests, and keeps the wealth and assets where you want them.

We provide the highest level of client care, as underscored by awards such as a Commendation at the British Wills and Probate Awards 2023.

We cover the Northwest region, including St Helens, Widnes, Warrington, Chester, and Northwich, as well as the whole of England and Wales.

Call us today for an initial no-obligation call, or click here for a callback. We also have meeting facilities in North Wales for family law clients.