Joint wills

Changing a joint will after one partner's death is typically quite difficult, especially with mutual wills.

Once a partner dies, the surviving partner is largely bound by the original agreement. This is so that the original intentions of both partners are respected.

That said, some flexibility might exist in exceptional situations. If your finances or personal circumstances change significantly, you might be able to make adjustments to asset management or address the new needs of your family.

The key is to consult a specialist solicitor who can provide guidance specific to your life and finances. They can help you understand the limits and options for changing the will while respecting its essential provisions.

The cost of creating a joint will in the UK varies depending on several factors. Typically, you can expect to pay a few hundred pounds.

The price will be influenced by your estate's complexity and your solicitor's expertise. High street solicitors might charge at the lower end of the spectrum for basic wills, while specialist estate planning lawyers could charge more for complex arrangements.

Online will-writing services offer cheaper alternatives, but they may not capture all the nuances of your specific situation. For many couples, a professional solicitor brings peace of mind, ensuring their will is legally robust, comprehensive, and tailored to their family and financial circumstances.

Joint wills can be crucial for unmarried couples, who could face unique legal challenges when it comes to inheritance. Unlike married couples, unmarried partners don't automatically inherit assets if one partner dies.

This makes a professionally-written joint will essential for protecting each other's financial interests. Without a will, "intestacy" laws may leave the surviving partner with limited rights, perhaps forcing them to make difficult legal claims to access shared assets.

A well-drafted joint will provides clear instructions about what to do with your assets, ensuring that your partner is fully protected. It can also help manage any tax implications and address specific wishes about property, savings, and other assets.

The key is to work with an advisor who understands the finer legal points for unmarried couples.

Separation changes your estate planning needs, and most joint wills become invalid or require full revision when a relationship ends.

You'll need to take prompt action to protect your individual interests and update your estate planning. This typically involves completely rewriting your existing will to match your new situation. Your shared finances, property ownership, and ongoing obligations may all need thinking through.

Many solicitors recommend creating entirely new individual wills that clearly separate your assets and intentions. It's important to address this quickly to make sure your assets are protected and distributed according to your wishes. Any delay can leave you vulnerable to unwanted outcomes for your inheritance.

Joint wills can be useful for managing complex family structures, especially when there are children from previous relationships. You can create detailed provisions that ensure inheritance is fair to all children, regardless of their relationship to both partners.

This might include setting up trusts, defining exact inheritance percentages, or creating staged inheritance plans. You could specify that children from previous relationships receive certain assets or a fixed portion of the estate, for example, while making sure your current partner is also financially protected.

Your solicitor or professional advisor can draft precise, legally binding clauses that reflect your family's dynamics and your wishes for your children.

The probate process for a joint will typically takes between six to twelve months in the UK, though the timeline can be extended if things are more complex. Your estate's size, potential disputes among beneficiaries, and your executor's approach can all slow the process down.

Other complications include property sales, business asset management, or challenges to the will, all of which can stretch out the timeline. Executors may need to value the estate, pay any inheritance tax, or obtain a grant of probate, before they distribute the listed assets.

A clear and well-prepared joint will can streamline this process. Keeping detailed, up-to-date financial records and choosing an experienced executor also help ensure a faster, smoother process.