Estate planning is one of the most important steps married couples can take to protect each other and their loved ones. One option some couples consider is creating a joint will. While this approach may seem simple and cost-effective, it is not always the best choice under New York law.

At Law Offices of Benjamin B. Neschis, P.C., we can provide legal assistance to the New York City public in evaluating whether a joint will—or another estate planning strategy—fits your family’s needs.

What Is a Joint Will?

A joint will is a single legal document created and signed by two people, usually spouses. It outlines how both individuals want their assets distributed after they pass away. Typically, the will states that when one spouse dies, their assets go to the surviving spouse, and after the surviving spouse’s death, the remaining assets pass to designated beneficiaries, such as children.

Although it may seem efficient to combine both spouses’ wishes into one document, joint wills are relatively uncommon in New York today.

How Joint Wills Work in New York

In New York, a joint will must meet the same legal requirements as any other valid will. It must be in writing, signed, and properly witnessed. However, the most significant issue with joint wills is that they often become irrevocable after the first spouse dies.

This means that once one spouse passes away, the surviving spouse may not be able to change how the assets are distributed—even if circumstances change dramatically.

Potential Advantages of a Joint Will

Some couples consider joint wills for the following reasons:

• Simplicity: One document instead of two.
• Shared goals: Both spouses agree on how their property should be distributed.
• Perceived cost savings: Drafting a single document may appear less expensive initially.

For couples with straightforward estates and identical wishes, a joint will may seem appealing. However, the disadvantages often outweigh these benefits.

Risks and Limitations of a Joint Will

While joint wills may sound practical, they can create serious complications.

Lack of Flexibility

Life changes. The surviving spouse may remarry, experience financial hardship, or want to adjust distributions due to changes in family relationships. If the joint will is binding, the surviving spouse may be unable to modify it.

Blended Families

In second marriages or blended families, joint wills can lead to disputes between children from different relationships. The inability to revise the document after the first death can create tension and even litigation.

Probate Complications

Joint wills do not avoid probate. Each spouse’s estate must still go through the New York probate process. Other estate planning tools, such as revocable living trusts, may provide more flexibility and efficiency.

Unintended Legal Consequences

Because joint wills can be interpreted as a binding contract between spouses, surviving spouses may face legal challenges if they attempt to create a new will. Beneficiaries may claim the original agreement cannot be changed.

Alternatives to a Joint Will

In many cases, married couples in New York are better served by:

• Separate but coordinated wills
• Revocable living trusts
• Durable powers of attorney
• Health care proxies

These options allow spouses to maintain flexibility while still ensuring their wishes are clearly documented and legally enforceable.

Is a Joint Will Right for You?

Every family situation is different. While a joint will may work for some couples, it often limits the surviving spouse’s ability to adapt to life’s changes. For most married couples in New York City, separate wills that align with shared goals offer greater protection and flexibility.

At Law Offices of Benjamin B. Neschis, P.C., we help couples create estate plans tailored to their financial circumstances and family dynamics. Careful planning today can prevent unnecessary disputes and complications in the future.