A Tale of Two Approaches
Sarah and Michael, married 25 years, thought they were being smart when they created a joint will. “We’re a team,” they reasoned. “Why not have one document that shows our unity?”
Fast forward five years. Michael had passed unexpectedly, and Sarah found herself in a legal straightjacket. She couldn’t help her struggling daughter, couldn’t set aside money for her new grandchild, and felt trapped by decisions made in a completely different chapter of her life.
Sound familiar? We see this scenario play out regularly in our practice. While joint wills might seem romantic and practical, they often create more problems than they solve.
Understanding Your Options: Joint vs. Separate Wills
What Exactly Is a Joint Will?
A joint will is essentially a contract between spouses wrapped up in a single legal document. Both of you sign it, and it covers what happens to your assets when the first spouse dies (usually everything goes to the survivor) and then what happens after you’re both gone.
Here’s the catch: once one spouse dies, the surviving spouse typically can’t change anything. You’re locked in.
How Separate Wills Work
Separate wills are exactly what they sound like—individual documents for each spouse. You can coordinate them perfectly (we call these “mirror wills”), but each person maintains control over their own document throughout their lifetime.
Think of it this way: joint wills are like buying a house together where neither of you can make changes without the other’s permission, even after one person moves out. Separate wills are like having your own apartments that you’ve decorated similarly—you can change your space as needed.
Why Couples Consider Joint Wills
Let’s be honest about the appeal:
It feels unified. There’s something romantic about having your final wishes combined in one document.
It seems simpler. One document instead of two? That must be easier, right?
It provides certainty. You know exactly what will happen to your assets, and your spouse can’t change the plan after you’re gone.
It might save money. Some couples think one will costs less than two (though this isn’t always true when you factor in future complications).
The Reality Check: Why Joint Wills Often Backfire
Life Happens
Remember when you thought you’d never need reading glasses? Life has a way of throwing curveballs. The surviving spouse might:
- Need to sell the house to pay for care
- Want to help a child through a financial crisis
- Develop a meaningful relationship with someone new
- Face tax situations that weren’t anticipated
Joint wills say “tough luck” to all of these scenarios.
Legal Complications
Joint wills can create thorny legal questions:
- When exactly does the will become unchangeable?
- What if the surviving spouse needs to sell assets to live?
- How do you handle conflicts between the will’s restrictions and practical needs?
Family Friction
Nothing creates family drama quite like a surviving parent who can’t adapt to changing circumstances. Adult children might resent feeling like their surviving parent is being controlled from beyond the grave.
The Separate Wills Advantage
Flexibility When You Need It Most
With separate wills, the surviving spouse can adapt to new realities while still honoring the overall estate plan. It’s like having a GPS that can recalculate the route when there’s unexpected traffic.
Individual Privacy
Maybe you want to leave something to your college roommate or a charity that’s meaningful to you. Separate wills let you keep some provisions private.
Better Tax Planning
Massachusetts has an estate tax that kicks in at $2 million (much lower than the federal threshold). Separate wills often provide more opportunities for tax planning that can save your family thousands.
Simpler Administration
Believe it or not, two separate wills are often easier to handle than one joint will. There’s less confusion about what’s allowed and what isn’t.
Mirror Wills: The Best of Both Worlds?
Many couples find that mirror wills—separate wills with nearly identical provisions—give them what they really want: coordination without constraint.
You can still have matching estate plans, but each spouse maintains the flexibility to adapt when circumstances change. It’s like having matching outfits that you can each accessorize differently.
Creating Your Massachusetts Will: The Essentials
Whether you choose joint or separate wills, Massachusetts law requires:
- Written document (handwritten or typed)
- Your signature (or someone signing for you in your presence)
- Two witnesses who watch you sign or acknowledge your signature
What Should Be in Your Will
Basic Information
- Full names and addresses
- Date of the will
- Statement that this revokes all previous wills
Asset Distribution
- Specific gifts (your grandmother’s ring, the family cabin)
- Who gets the rest of your assets
- What happens if your first-choice beneficiaries die before you
Key Appointments
- Who will handle your estate (personal representative)
- Guardians for minor children
- Whether these people need to post a bond
Massachusetts-Specific Considerations
- How to handle the state estate tax
- Homestead exemptions
- Coordination with other estate planning documents
When Joint Wills Might Make Sense
We’re not completely against joint wills—just mostly. There are rare situations where they might work:
Blended Families with Trust Issues
If you’re both on your second marriage and worried that the surviving spouse might disinherit the deceased spouse’s children, a joint will can provide assurance. (Though we’d usually recommend a trust instead.)
Unique Asset Protection Needs
Very occasionally, joint wills serve specific asset protection goals, though other tools usually work better.
Red Flags: When NOT to Use Joint Wills
You have young children. Your needs will change as they grow up.
You’re under 60. Too much life ahead to lock in decisions now.
You have significant assets. More money means more need for flexibility.
You’ve been married less than 10 years. Your relationship is still evolving.
Either spouse has been married before. Blended families need flexibility.
What Happens After One Spouse Dies?
With Joint Wills
The will becomes set in stone. The surviving spouse inherits according to the plan but can’t change what happens next. They’re essentially living under the terms of a contract they can’t modify.
With Separate Wills
Only the deceased spouse’s will goes through probate. The surviving spouse keeps complete control over their own will and can adapt as needed.
Common Mistakes We See
Assuming Joint Wills Are Simpler
They might seem simpler upfront, but they often create more complications later.
Not Thinking About the Future
Couples often underestimate how much their lives might change.
Misunderstanding the Legal Implications
Many people don’t realize how restrictive joint wills can be.
Trying to Save Money in the Wrong Place
Cheap estate planning often becomes expensive estate problems.
Our Recommendation
After helping hundreds of Massachusetts couples with their estate planning, we typically recommend separate wills—often mirror wills—for most couples. They provide the coordination and shared planning you want while maintaining the flexibility you need.
Joint wills make sense in very specific situations, but they’re not the right choice for most couples.
The Bottom Line
Your estate plan should serve your family, not constrain it. While joint wills might seem like a romantic gesture, they often create more problems than they solve. Separate wills give you the coordination you want with the flexibility you need.
The key is having an estate plan that works for your unique situation. That’s where we come in.
Frequently Asked Questions
Q: Can we change our joint will if we’re both still alive? A: Usually, yes—if both spouses agree. But once one spouse dies, the surviving spouse typically can’t make changes.
Q: Are joint wills legal in Massachusetts? A: Yes, they’re legal, but they’re not typically recommended due to their inflexibility.
Q: Will we save money with one will instead of two? A: Maybe initially, but joint wills often create expensive problems later. The potential complications usually outweigh any upfront savings.
Q: What if we divorce after creating a joint will? A: Divorce typically revokes provisions favoring your ex-spouse, but joint wills can complicate divorce proceedings.
Q: How often should we review our wills? A: Every 3-5 years or after major life changes like births, deaths, marriages, divorces, or significant financial changes.
Q: What happens if we move to another state? A: Different states have different laws about joint wills. You should review your estate plan when relocating.
Ready to Make the Right Choice for Your Family?
Choosing between joint and separate wills isn’t just about legal documents—it’s about protecting your family’s future while maintaining the flexibility to adapt to life’s changes.
At Cote Law Group, PLLC, we’ve helped hundreds of Massachusetts couples create estate plans that truly serve their needs. We’ll take the time to understand your unique situation and help you make the choice that’s right for your family.
Don’t let uncertainty about your estate planning leave your family vulnerable. Contact us today to schedule a free consultation and take the first step toward an estate plan that provides the right balance of certainty and flexibility for your situation.
Your family’s future is too important to leave to chance. Let’s build the right plan together.