Why Joint Wills Might Not Be the Safety Net You Think They Are

When you hit your 30s, life suddenly feels different. You’re building careers, buying homes, raising kids, maybe even taking care of aging parents. With all of those responsibilities, you start thinking more about the “what ifs” in life. And at the top of that list is often: what happens to my family if something happens to me?

That’s when estate planning steps onto the stage. And if you’ve started Googling, you’ve probably come across something called a joint will. At first glance, it might sound perfect: one document, signed by both spouses, that outlines what happens when either of you pass away. Easy, right?

Well… not exactly.

While joint wills were once a common way for couples to handle their estates, today they’re often considered outdated and, in many cases, a potential headache. Here’s why you’ll want to think twice before signing on the dotted line.

What Exactly Is a Joint Will?

A joint will is a single will signed by two people (usually spouses). It says, “when one of us passes away, everything goes to the surviving spouse. Then, when we’re both gone, everything goes to these specific people (often children).”

Sounds straightforward. The surviving spouse is taken care of, and the children (or other heirs) are next in line. So why do lawyers today usually advise against them?

The Catch: Joint Wills Are Binding

Here’s the kicker: a joint will becomes locked in after the first spouse passes away.

That means the surviving spouse is stuck with the terms of that will—forever. Life, however, doesn’t usually stick to one plan.

Imagine this:

●     Remarriage at 45 You lose your spouse young. Years later, you find love again and remarry. With a joint will, you cannot update your estate plan to include your new spouse or stepchildren. Even if you want to leave something to them, you’re legally tied to decisions you and your first spouse made years ago.

●     A Child’s Unexpected Needs When you first made the will, all your kids were healthy and thriving. But life changes—maybe one child later struggles with a chronic illness, or racks up medical bills. A joint will doesn’t allow you to redirect more support their way.

●     Family Fallout At 35, your relationship with all your siblings or in-laws might be great. By 55? Not so much. If you and your spouse originally left assets to extended family members, those instructions stay locked in—even if you become estranged.

These scenarios are why joint wills often backfire. They don’t bend when life does.

Why Do People Still Consider Joint Wills?

For many, it comes down to simplicity and cost. A joint will is one document instead of two, and it feels like a “set it and forget it” solution.

But in reality, what you save in upfront effort often costs your family more in legal fees, stress, and conflict down the road.

Smarter Alternatives

If you like the idea of protecting your spouse and ensuring your kids inherit, you’re not alone. But you don’t need a joint will to make that happen. Better options include:

1. Separate Wills – Each spouse creates their own will. This allows flexibility if circumstances change.

2. Revocable Living Trusts – A trust can outline how your estate is handled, avoid probate, and adapt to changes over time.

3. Updated Estate Plans – Life changes—your estate plan should too. Reviewing and updating every few years (or after major life events) keeps everything aligned with your goals.

The Bottom Line

Joint wills may seem like an easy, all-in-one solution, but they’re usually more of a trap than a safeguard. They lock your family into decisions that might not fit future circumstances, and they leave little room for the reality of life’s twists and turns.

If you’re in your 30s and starting to think about protecting your spouse, kids, or even your pets, now is the time to build a plan that grows with you—not one that boxes you in.

Your future—and your family’s peace of mind—deserves more than a shortcut.

Next Step: Talk with an estate planning attorney about creating wills or trusts that fit your unique situation. You’ll thank yourself later, and so will your family.