Also known as: joint will
Written by attorneys · grounded in primary & secondary sources — see below
A single testamentary instrument executed by two persons that functions as the last will and testament of each. The instrument commonly directs that the estate of the first to die passes to the survivor and that the survivor's estate then passes to designated beneficiaries. Execution of the joint will alone creates no presumption that the parties agreed not to revoke it.
James Johnson and Jacqueline Juarez sign a single document leaving each spouse's property to the survivor and the remainder to their children. After James dies, Jacqueline executes a new will leaving everything to a charity. The children claim the joint will created an irrevocable contract. Because no writing signed by Jacqueline evidences any agreement not to revoke, the later will controls.
John Jones and Joanna Jung execute a joint will that uses plural pronouns, disposes of the survivor's remaining property to named beneficiaries, and excludes each spouse's heirs. After John's death, Joanna attempts to revoke the disposition to the named beneficiaries. The court treats the will as contractual because its terms demonstrate the parties' agreement to bind themselves.
Select any source to read its text and confirm it supports the definition.
No. The execution of a joint will creates no presumption of a contract not to revoke. A separate writing or other statutory proof is required to establish an enforceable agreement.
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A joint will is one document signed by both parties. Mutual wills are two separate but reciprocal documents. Both raise the same contract issues, but only a joint will is literally a single instrument.
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Courts look for identical dispositions, plural pronouns, mutual exclusion of heirs, and an explicit plan for the survivor's property after the second death. These features can establish an agreement even without a separate writing.
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It can, unless the joint will is proven to be contractual under the applicable statute. Without such proof the survivor remains free to change the plan.
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