“Can we just sign one will together?” It sounds tidy, but joint wills create more problems than they solve. The modern U.S. best practice is for spouses or partners to sign separate, coordinated wills—often with matching provisions (“mirror wills”)—and, where probate avoidance or management simplicity is desired, to add a revocable living trust. Here’s a lawyer’s plain‑English explanation of why.

What a joint will is (and why it’s risky)

A joint will is a single document signed by both spouses that attempts to govern both estates. The danger is rigidity: some joint wills are treated as binding contracts that lock in distributions, preventing the survivor from adapting if life changes (remarriage, new grandchildren, relocation, health costs). The very feature that looks simple on day one becomes a straightjacket later.

Common issues with joint wills:

• Lack of flexibility: The survivor can’t update easily without breaching a “mutual” or “contractual” obligation.

• Administration confusion: Which provisions apply at the first death vs the second? Courts and executors must untangle intent.

• Blended families: The structure can fuel disputes between a surviving spouse and stepchildren.

Why separate wills are better

Flexibility. Each spouse can update their last will and testament independently as facts change.
Clarity. Probate at the first death focuses on one person’s will; the survivor’s will remains private and modifiable.
Coordination with trusts. Separate wills pair easily with a joint or individual revocable living trust, depending on goals and state property rules.

Mirror wills vs mutual wills

Mirror wills are separate documents with aligned terms (e.g., “to my spouse, then to our children equally”). They preserve flexibility and are the default for many couples.
Mutual wills often attempt to bind the survivor to keep the same plan—a recipe for future conflict. Unless you have a very specific reason to lock terms (and accept the downsides), avoid “mutual”/contractual language.

Where trusts fit

If your goals include avoid probate, privacy, or incapacity planning, add a revocable living trust. A joint trust can hold shared assets; separate trusts can protect separate property or tailor distributions in blended families. Your pour‑over wills then act as safety nets, catching stragglers and nominating guardians if you have minor children.

Community property note: In community‑property states, titling and tax‑basis rules differ. A joint trust can be advantageous for maintaining community characterization and simplifying administration. In separate‑property or blended‑family contexts, separate trusts often provide cleaner lines.

Practical plan for most couples

1. Sign two separate, state‑specific wills nominating executors (and guardians if applicable).

2. Consider a revocable living trust—joint or separate—to consolidate assets and avoid probate.

3. Keep beneficiary designations current on retirement accounts and life insurance; coordinate with your wills/trust.

4. Revisit after big life events—home purchase/sale, move across state lines, birth of a child, inheritance.

Myths to ignore

• “Joint wills are cheaper and simpler.” Any upfront savings can be dwarfed by downstream headaches.

• “Joint wills avoid probate.” They don’t. Trusts and proper titling avoid probate, not the number of signatures on the will.

• “Separate wills are unfair.” Fairness comes from clarity and adaptability. Separate wills offer both.

When separate trusts make sense

If each spouse has children from prior relationships, separate trusts help you protect each branch of the family tree, set spendthrift or age‑staged distributions, and appoint different successor trustees. If goals are perfectly aligned and assets are mostly joint, a joint trust is fine—just draft with clarity about what happens at each death.

Create coordinated, state‑specific wills online today: Online Last Will & Testament → /product/online-last-will/

Explore a living trust for probate avoidance: Online Revocable Living Trust → /product/online-living-trust/