Estate planning is an important step for married couples who want to protect each other and ensure their wishes are carried out after death. One option some couples consider is a joint will. While it may seem simple and efficient, a joint will can create legal and practical complications under North Carolina law. Understanding how joint wills work—and their potential drawbacks—can help couples make informed decisions about their estate plans.

What Is a Joint Will?

A joint will is a single legal document created and signed by two people, usually spouses, that outlines how their combined assets will be distributed after both have passed away. In many cases, the will leaves everything to the surviving spouse first and then to chosen beneficiaries after the second spouse’s death.

Although joint wills are legal in North Carolina, they are far less common than individual wills or coordinated estate planning documents.

Why Joint Wills Can Be Risky

One of the biggest concerns with joint wills is that they often become irrevocable after the first spouse dies. This means the surviving spouse may be legally restricted from changing the terms of the will—even if circumstances change significantly.

Life events such as remarriage, changes in financial status, strained family relationships, or new beneficiaries can make a rigid estate plan problematic. A joint will may leave the surviving spouse without the flexibility needed to adjust their estate plan over time.

Limitations for the Surviving Spouse

With a joint will, the surviving spouse may feel bound by decisions made years earlier. For example, if the will requires certain assets to go to specific beneficiaries, the survivor may not be able to sell or reallocate those assets freely.

This lack of control can be especially challenging if the survivor needs funds for long-term care, housing changes, or other unexpected expenses.

Better Alternatives for Married Couples

For most married couples in North Carolina, separate wills are a more practical option. Individual wills allow each spouse to maintain control over their estate plan while still coordinating their wishes. Other tools, such as trusts, can also provide structure, protection, and flexibility without locking the surviving spouse into inflexible terms.

These alternatives often better reflect how couples’ needs evolve over time while still protecting shared goals.

When a Joint Will Might Make Sense

In rare situations, a joint will may work for couples with simple estates and identical, unchanging wishes. However, even in these cases, it is important to fully understand the long-term legal consequences before choosing this approach.

How Legal Guidance Can Help

Estate planning involves more than deciding who inherits what. It requires careful consideration of future risks, family dynamics, and legal obligations under North Carolina law. At The Stiltner Law Firm, PLLC, we can provide legal assistance to the Hickory public by helping married couples evaluate their estate planning options and choose a strategy that protects both spouses and their loved ones.