And if the main concern is that both spouses don`t want their children to be partially or completely disinherited because of a future second wife or husband, they might create some kind of trust for their children in the first place, rather than creating a joint will. Considering how inexpensive a will can be and how testamentary trusts could also protect their children`s inheritance, it simply doesn`t make sense to use a joint will. The main problem is that the surviving spouse cannot change the terms of the will. A will for a person is revocable. But a joint will is considered a legal contract that cannot be changed. This may sound like a great idea on the front-end, but it could prove to be very problematic later. The surviving spouse, who may live for several years or even decades longer, may not be able to make decisions and financial adjustments that would be best for life circumstances that can and generally change as well. Since Texas has its own laws on how assets are divided in the event of a will or divorce, it`s important to create a will and a will and keep it up to date. This part of the website is provided for informational purposes only. The content is not legal advice. Texas law recognizes holographic or handwritten wills, but such a will must be signed by the testator and written in full in his hand. In this case, the will does not need to be provided with witness signatures and can be proven at any time during the testator`s lifetime. Interesting note: Section 254.004 of the Texas Estate Code requires that a joint will explicitly state that a contract exists.

See Tex. Estate Code Ann. § 254.004 (formerly codified as Tex. Prob. Code § 59a). In the Pursley Estate case, this section was not applicable because the 1975 will was signed before the act came into force on September 1, 1979. In addition, it was important for the court that the will be drafted by a lawyer – with the use of technical terms by the lawyer to implement the testator`s intentions, “one could assume that these terms used in the will were used correctly and intentionally”. A joint will becomes contractual when it is executed on the basis of an agreement between the testators to dispose of their property in a certain way, each taking into account the others. In determining whether a joint will is contractual, the most important factor to consider is whether the will as a whole provides for “a complete plan for the sale of the entire estate of one or both” of the testators.

A joint will is a contractual will if it meets the following twocriteria: (1) the gift to the surviving dependant is not absolute and unconditional, although it may appear to be absolute at first glance; and (2) the remaining balance of the estate of the first to die and the estate of the last to die shall be treated as a single estate and sold jointly by the two testators in the secondary dispositive provisions of the will. Technically, yes, a couple could use a joint will for this. However, it`s a very bad idea, and I would never use it. I would also never create one for a client, even if they asked for it. Married couples have asked me if they can only use a joint will instead of each spouse receiving their own will. In these situations, as a rule, each spouse wants to leave everything to the surviving spouse, and if the surviving spouse dies later, he or she wants everything to go to his or her children. The contractual agreement can be concluded in separate wills. Or in a single common will.

Technically, yes, a couple could use a joint will for this. The main problem is that the surviving spouse cannot change the terms of the will. A will for a person is revocable. But a joint will is considered a legal contract that cannot be changed. It is not enough to call a will a joint will. The will must also indicate that it is a contract and indicate the main provisions of the agreement. The most important provision is obviously an agreement on how the goods will be distributed after the death of the two testators. Texas laws that affect wills for married people without children are much simpler. The surviving spouse automatically receives all the property of the community. If there are no surviving parents, siblings or descendants of siblings, the spouse will receive the rest of the property separate from the estate. To be legally effective, codicials must be executed and attested as a will. In Texas, this means that you have to be in your good mind to create a code, and it has to be signed by you and two witnesses.

Estate lawyers usually don`t recommend creating a code. .