The option for creating a joint Will exists in some jurisdictions, and this is why the topic is still gone over in many law school courses
Some states do not recognize the credibility of joint Wills, and most trustworthy estate planning attorneys will advise versus them. Just because you enjoy one another, and maybe even plan to be buried in the same plot, does not mean that a joint Will is a good concept. Spouses share many things, however a Will needs to not be one of them.
A joint Will is often long and complicated. Wills handle the personality of assets, property, loan, and other matters of interest, and compounding the combined and different interests of both partners is bound to create some headaches for the couple, their children, and possibly, the court of probate. Even if your different Wills end up looking and sounding similar, it is a great idea to create a Will for each partner, resolving their individual desires.
Why Estate Planning Lawyer Advise Against Joint Wills
In this day and age, many couples have separate concerns that they need to resolve during the estate planning process. They might hold separate property. They may desire to attend to an ex-spouse or children from former relationships. They may even have separate financial holdings and separate interests such as charitable companies in which one partner has more ties to than the other. Separate Wills make sure that the requirements and dreams of each spouse are separately resolved and couple of problems develop when the Will goes to probate.