GETTING A JOINT WILL COMPLETED.
What is a Joint Will?
A joint will is a single document executed by more than one person (typically between spouses), making which has an effect in relation to each signatory’s property on his or her death (unless he or she revokes (cancels) the will during his or her lifetime).
Although a single document, the joint will is a separate distribution of property by each executor (signatory) and will be treated as such on admission to probate. Mutual wills are any two (or more) wills that are mutually binding, such that following the first death the survivor is constrained in his or her ability to dispose of his or her property by the agreement he or she made with the deceased. Historically such wills had an important role in ensuring property passed to children of a marriage rather than a spouse of a widow or widower on a remarriage.
The recognition of these forms varies widely from one jurisdiction to the next. Some permit both, some will not recognize joint wills, and many have established a presumption that one or both of these forms creates a will contract.
A joint will differs substantively from a mutual will in that the former is not intended to be irrevocable or to express a mutual intention; it is merely an administrative convenience. A will may be both joint (on one document) and mutual in another.