Medlin & Medlin, PA
Attorney at Law
(704) 786-8173
Concord, NC 

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ESTATE PLANNING DANGERS OF A JOINT WILL

Let me caution  you about a joint will in your estate planning procedure.

Married couples frequently ask that I prepare the joint will.

The joint will is signed by two, and sometimes even more persons, as their separate will.

It is then probated again and again after the death of each person making the will.

The joint will is often requested because people mistakenly believe that it will reduce their legal fees to have one rather than two wills prepared.

However, these will often result in litigation for breach of contract when the survivor executes a new will following the first party’s death and changes the terms of the will.

Those people who would have been heirs under the joint will are later cut out and they sue to reinstate the joint will.

Don’t create a family fight.

It is far better to prepare separate mutual wills with similar or reciprocal; that is, mirror image, provisions in them. 

It is not more expensive to prepare wills for each party needing an estate plan.

Separate will do, however, allow the survivor to make a new estate plan later in time based on the possibly changed circumstances as found by the survivor.

In nearly 40 years of law practice, I have handled thousands of effective plans.

My job is to take care of my clients.

Call me.