Do Married Couples Need Separate Wills In Florida?
If you and your spouse have already started to plan for what you would like to happen to your property when you pass away, you may have already talked about a will together. You may have also wondered if you and your spouse need separate wills, or if you can draft a joint will. You may be concerned that two wills could create inconsistencies or you may worry about the additional cost.
The simple answer is that you cannot create one will for the both of you. Our Daytona Beach wills attorney explains in further detail below.
Florida Does Not Recognize Joint Wills
Joint wills that are signed by two spouses are not legally recognized in Florida. Wills are viewed as a personal declaration of wishes, so two people cannot draft one together. Instead, each spouse must make their own decisions and formally make those known.
That being said, married spouses often create wills that are similar to each other. These are known as mirror image wills. With mirror image wills, you and your spouse will each write and sign your own will but the terms in each will reflect the wishes in the other’s document. For example, you and your spouse may leave the family home to each other and have specific items going to certain children.
The law in Florida also does recognize what is known as a mutual will agreement. This agreement is a separate document that states the provisions in each spouse’s will can never be modified. This can help protect inheritances for children from a previous relationship. However, there is some risk attached to these documents as the circumstances of the surviving spouse may change but they cannot make the necessary changes to their will.
The Benefits of Separate Wills
Even if the goals of you and your spouse are the same, there are still many benefits that come with having two different wills. These include:
- Adaptable: After one spouse passes away, the situation of the surviving spouse may change. There may be a change in family dynamics, or their wishes may change, particularly over several years or even decades. A separate will allows the surviving spouse to change their will if they have not also signed a mutual will agreement.
- Certainty: Most spouses do not pass away at the same time and so, a separate will for each of you allows the probate court to supervise the process without ambiguity or confusion.
- Previous children: If either you or your spouse has a child from a previous marriage or you want to protect certain inheritances, a separate will allows for better customization.
Our Will Drafting Attorney in Daytona Beach Can Help
If you and your spouse have not yet drafted your will, do not hesitate to call our Daytona Beach will drafting attorney at Bundza & Rodriguez. We can meet with both of you, execute your wills properly, and ensure that your entire family is protected. Call us now at 386-252-5170 or chat with us online to request a consultation with our experienced attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
