Do Married Couples Need Separate Wills?

When married couples start estate planning, they typically understand that they need a will. Some couples worry that drafting two separate documents will result in confusion, inconsistencies, disputes, and potentially additional costs. However, in Florida, both spouses need to have their own will. When a will is drafted and executed properly, it is the best way to protect the surviving spouse and children, as well as the couple’s property. Below, our Daytona Beach will drafting lawyer explains in greater detail.

The Law on Joint Wills in Florida 

Unlike many other states, the law in Florida does not recognize joint wills. A person’s will is a declaration of their wishes and so, spouses need to create their own and make their own decisions. However, married couples can create mirror image wills that are coordinated and similar.

With mirror image wills, the provisions in one will reflect the terms in the other document. For example, each spouse may leave their entire estate to their partner while leaving certain items for their children. Of course, when one spouse has different priorities, such as a charity they would like to leave property to, the provisions in their will can vary.

Mutual will agreements are legally recognized in Florida. These are agreements stating that the terms of a person’s will cannot be revoked or changed. These agreements are included in each person’s will and are helpful when trying to leave property for children from a previous relationship. Still, these agreements do come with some risk, as it prevents surviving spouses from ever changing their will.

Benefits of Separate Wills for Spouses 

Even when spouses have similar goals, there are many benefits of having two separate wills. These include:

• Flexibility: After one spouse passes away, everything can change for the surviving spouse. This includes their family dynamics, financial situation, and even their wishes. With a separate will, the surviving spouse can change their plans, unless they have a mutual will agreement.
• Clarity: Since most spouses do not pass away at the same time, having separate wills allows the court to oversee the administration of their estate without ambiguity or confusion.
• Planning for blended families: If either spouse has children from a previous relationship, or wants to protect certain property, a separate will allows for more precision and customization.

Although the separate wills of married couples may mirror each other in many aspects, each spouse can benefit from having their own will that reflects their own priorities and personal wishes.

Our Will Drafting Lawyer in Daytona Beach Can Help You Plan 

If you and your spouse are planning your estate, it is important that you each have your own wills. At Bundza & Rodriguez, our Daytona Beach will drafting lawyer can ensure that each of your documents are executed properly, that they reflect your wishes, and include any necessary provisions, such as a mutual will agreement. Call us now at 386-252-5170 or chat with us online to request a consultation with our experienced attorney and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.701.html