Krause Estate Planning & Elder Law Center is dedicated to assisting clients with a wide range of estate planning and elder law needs. Our estate planning services include drafting wills and trusts, handling probate matters, and providing expert guidance on elder law issues. We focus on helping families secure their assets and create thoughtful plans to protect their futures.
We prioritize building a strong attorney-client relationship based on trust and personalized attention. We understand that planning your entire estate, including provisions for minor children in your last will and testament, is deeply personal. Our dedicated team works closely with you to ensure your wishes are honored and your family’s future is secure, providing compassionate guidance every step of the way.
What Is a Joint Will?
A joint will is a single legal document signed by two individuals, usually a married couple, that outlines how their combined estate will be distributed upon their deaths. Unlike mutual wills, which are separate wills made by two people with an agreement not to change them after one party passes away, a joint will is one unified will that both parties execute together. This differs from mirror wills, which are separate wills made by each person that contain nearly identical provisions but do not include an agreement restricting changes. Joint wills can simplify estate planning for couples with shared wishes, but may also limit flexibility for the surviving spouse.
Why Would a Couple Have One Rather Than Two Separate Wills?
Some couples choose to create a joint will instead of two separate wills to simplify their estate planning and ensure their wishes are closely aligned. A joint will can provide a clear, unified plan for how the couple’s combined assets will be distributed, often reflecting their shared view of ownership and mutual intentions. Additionally, joint wills can help prevent the surviving spouse from making changes after the first death, which some couples see as a way to protect their agreed-upon estate plan.
However, this approach can reduce flexibility for the surviving spouse and may complicate matters if circumstances change, such as if the surviving spouse remarries after the first spouse's death. This is why many estate planning professionals recommend separate wills tailored to each individual’s needs.
Limitations, Issues, and Potential Drawbacks of Joint Wills
While joint wills may seem like a straightforward solution for married couples, they come with important limitations and potential issues that should be carefully considered. One significant drawback is the lack of flexibility after one spouse dies. Typically, when a spouse passes, the joint will becomes irrevocable, meaning the surviving spouse inherits under the terms of the joint will but cannot later modify or revoke it to reflect changes in circumstances or relationships. This can create challenges if the surviving partner wishes to update their estate plan due to remarriage, the birth of new heirs, or changes in financial status. While a married couple may have the same goals for the duration of their marriage, changed circumstances after death can bring in a new spouse, new children, and blended families.
Moreover, joint wills can complicate the estate administration process, potentially leading to disputes among beneficiaries or delays in probate. Because the surviving spouse is bound by the original agreement made with the deceased spouse, they may feel restricted in managing or distributing the estate as they see fit. For these reasons, it is crucial to consult an experienced estate planning attorney who can explain the implications of joint wills and help married couples decide whether this approach aligns with their long-term goals. Often, separate wills or other estate planning tools provide greater flexibility and better protect the interests of both spouses.
Process for a Surviving Spouse to Contest or Change a Joint Will
Under Wisconsin law, contesting or changing a joint will after one spouse dies can be challenging because joint wills often include an agreement that the surviving spouse cannot revoke or alter the will’s terms. However, if the surviving spouse believes there are valid grounds to contest or modify the joint will, the following process typically applies:
Review the Terms of the Joint Will: The surviving spouse should carefully examine the joint will to understand any contractual obligations or restrictions preventing changes. Many joint wills contain language that the will becomes irrevocable upon the death of the first spouse.
Consult an Estate Planning Attorney: Because joint wills involve complex legal and contractual issues, it is important to work with an experienced Wisconsin estate planning attorney. An attorney from Krause Estate Planning & Elder Law Center can assess whether there are valid legal grounds to challenge the will or seek modification, such as evidence of undue influence, fraud, lack of capacity, or a mutual mistake.
File a Petition in Probate Court: To contest or modify a joint will, the surviving spouse (or other interested parties, like an adult child) must file a petition with the probate court that has jurisdiction over the estate. The court will then review the case, including any evidence presented, to determine whether the joint will should be upheld or altered.
Provide Notice to Interested Parties: All beneficiaries and interested parties must be notified of the petition and given an opportunity to respond. This ensures that everyone affected by the will has a chance to participate in the proceedings.
Court Hearing and Decision: The probate court will hold a hearing to evaluate the validity of the joint will and any claims made by the surviving spouse. If the court finds sufficient grounds, it may allow changes or even invalidate parts of the joint will. Otherwise, the joint will is enforced as written.
Because joint wills are designed to be binding agreements between spouses, successfully contesting or changing one in Wisconsin is often difficult. The surviving spouse should seek legal advice promptly to understand their rights and options within the probate process.
For personalized guidance, Krause Estate Planning & Elder Law Center can assist surviving spouses in navigating these complex issues to protect their interests and ensure compliance with Wisconsin law.
An Estate Planning Lawyer From Our Law Firm Can Handle Wills for Married Couples
Planning your estate, whether it involves jointly owned property, a simple estate, or more complex arrangements like joint wills, requires careful consideration and expert guidance. At Krause Estate Planning & Elder Law Center, we are here to help you understand how joint wills work and assist you in creating a last will that truly reflects your wishes. Don’t leave your estate plan to chance — or the court. Contact us today to ensure your assets are protected and your loved ones are provided for according to your intentions, via a legally binding will. Let our experienced team guide you every step of the way.