Do Married Couples Each Need a Will?

When I work with married couples on their estate plans, many of them ask the same question: do we need separate wills?

This is one legal question that an attorney can answer with a simple answer: yes. Each spouse should have his/her own will.

A will sets forth what the testator (the person making the will) wants to happen to his/her property at death. Every adult should have his/her own basic Virginia will.

The best legal practice requires a husband and wife to have separate wills, so everything is clearly set out. You want to make sure your will conforms exactly to your wishes and the language isn’t confusing. If your will isn’t done properly, your heirs will be the ones to find out after you’ve passed away. You certainly don’t want that.

Even though spouses need their own wills, they can still be mirror images of each other: if the husband dies, everything goes to the wife; if the wife dies, everything goes to the husband. Because many spouses choose a disposition like this, I plan the estates of spouses for a lower cost than I do for two individuals.

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