Can Couples Make a Will Together?
This is a question we get asked all the time: “We’re married, can we just write one will together?”
It makes sense in theory, right? You’ve built a life together, own a house together, probably have kids together, so why not just one will? Here’s the short answer: there’s no such thing as a legally valid “joint will” in Australia. You and your partner each need your own will, even if your wishes are exactly the same.
But we agree on everything, do we really need two wills?
Yes, but they can absolutely mirror each other. That’s quite common. Some couples choose to make mutual wills, which are separate wills that contain matching terms and an agreement not to change them later without the other person’s consent. These can be useful in very specific situations, such as blended families, but they can also be restrictive and tricky to change after one person passes away. For most couples, simple individual wills that reflect shared wishes while still allowing for flexibility are the best way to go.
Can one of us just write both?
It’s great to plan your wills together. But legally, each person must have their own separate will, signed and witnessed properly. Even if your assets are jointly owned, the law treats each estate individually. Two wills mean fewer complications and more clarity for your loved ones later.
The bottom line?
You can’t make a joint will, and you wouldn’t want to. But you can make individual wills that reflect your shared plans, and we can help you do it properly.
Contact us today or book online to chat about your options.