Joint will of the spouses - this is when a husband and wife make one will regarding property belonging to them on the basis of common joint ownership.
In the case of drawing up a joint will, the share in the right of common joint property after the death of one of the spouses passes to the second of the spouses who survived him.
The second spouse does not have the right to alienate the property specified in the will, since the notary imposes a ban on its alienation. In the event of the death of the last spouse, the right to inheritance by will have persons designated by both spouses in the will.
A feature of the joint will of the spouses is the fact that each of the spouses has the right to renounce the joint will of the spouses only during the life of the other spouse. Such refusal must be notarized.
To illustrate the advantages of a joint will over a simple will, consider the following example:
Plot:
Spouses in a joint marriage do not have children, although the wife has a daughter, and the husband has a son from his first marriage. They would like to formalize the inheritance in such a way that in the event of the death of one of them, all property passes to the second spouse, and only in the event of the death of the second spouse - to their children in equal shares.
Two simple wills from husband and wife:
The wife will make a will in favor of the husband, and the husband in favor of the wife. Since each of these wills is completely independent, it may turn out that after the death of his wife, the husband will receive all the inheritance property and write a new will only in favor of his son or new wife. A similar risk arises in the event of the death of the husband, as the wife may also change the will in favor of her daughter. To avoid this situation, it is best in this case to draw up a joint will of the spouses.
Joint will of the spouses:
A joint will of the spouses will ensure that after the death of one of the spouses, the surviving spouse cannot change the will and leave any of the children without an inheritance. At the same time, a joint will does not deprive the spouses, in the event of a change in the situation, of changing it both by agreement with each other, and unilaterally. While both spouses are alive, each of them has the right to withdraw his order at any time.
As you could see from a specific example, an ordinary will in the situation described above could not correspond to the real will of the spouses. Only a joint will allows in this case to take into account the interests of all persons close to the testator.
We will help legally correctly formalize the will of the spouses - draw up a joint will of the spouses in such a way as to take into account the interests of all close persons of the spouses during inheritance.
