Florida does not recognize joint wills. Perhaps it's possible in other states, but in Florida, husband and wife each need their own wills.
Why the Question Arises
I understand the question—married couples often own assets jointly and do many things together legally. However, wills cannot be combined.
Why Joint Wills Are Problematic (Even If Possible)
Amendment Issues
When you create a will, you can amend it anytime. With a joint will, both spouses would need to amend simultaneously. What if they disagree? What if one is incapacitated or has passed away?
Different Goals
- New marriages: Spouses may have different ideas, especially if they have no children together yet
- Second marriages: Each spouse may bring children from prior relationships with very different distribution ideas
- Prenuptial/postnuptial agreements: Each spouse may want separate lawyers
Different Life Circumstances
- Age disparity: Spouses at different life stages (one retiring, one starting career)
- Wealth disparity: Different asset levels mean different considerations (one concerned about estate tax implications, the other not)
Benefits of Separate Documents
Each spouse can make individual decisions about:
- Who to benefit upon death
- Who to name as fiduciaries for incapacity or death
- Who makes financial or healthcare decisions
- Who administers the estate or serves as trustee
Separate documents are simply easier and more flexible for addressing each spouse's unique needs and preferences.
Learn about estate planning strategies for married couples.
