Joint Will Template (English) - Joint Will Template

Introduction

A joint will, also called a Joint Will in English, is a legal document where two individuals, usually spouses or partners, compile their last will and testaments in one and the same document. This type of will can be particularly beneficial for couples who want to ensure that their assets are distributed according to their shared wishes after their passing. Our "Joint Will Template (English)" is carefully designed to be easy to use and meet all legal requirements, making it an invaluable tool for anyone looking to plan for the future.

What is a joint will?

A joint will is a document in which two people agree that their respective assets should be managed and distributed in a certain way after their death. It is particularly common among married couples or cohabitants who want to ensure that the surviving partner is well cared for, and that residual assets are distributed according to their joint wishes after both have passed away.

Advantages of a joint will

1. Simplicity : A joint will combines two individual wills into a single document, which can make it easier to manage.
2. Mutual security : Couples can ensure that their wishes are respected and that assets are distributed in a way that is mutually agreed upon.
3. Cost-effectiveness : Creating a joint will can often be more cost-effective than creating two separate wills.

Disadvantages of a joint will

1. Binding : A joint will is binding on both parties, which means that changes cannot be made unilaterally after the death of one party.
2. Complexity of changes : If the parties want to change their joint will, they must do so together, which can be difficult if the relationship changes.

Legal aspects and legislation

In Sweden, wills are regulated by the Code of Inheritance (1958:637). Here are some important points to consider when drawing up a joint will:

1. Form requirements : The will must be in writing and signed by both testators in the presence of two witnesses who must also sign the document.
2. Witnesses : The witnesses must not be heirs or close relatives of the testators, and they must be over 15 years of age.
3. Protection of children's rights : According to Swedish law, children always have the right to their legal lot, which is half of the inheritance lot. This must also be respected in a joint will.
4. Appeal of a will : A will can be challenged within six months of the heirs being served with the will.

Frequently asked questions (FAQ)

What happens if one of us wants to change the will?

If one of you wants to change the joint will after it has been written, you must do this together. If one party has died, the will cannot be changed unilaterally.

Can we include specific terms in our joint will?

Yes, you can include specific terms and wishes in your joint will, such as special gifts to children or other relatives, and provisions on how the assets are to be managed.

How do we ensure that our joint will is legally valid?

To ensure that your joint will is legally valid, it must meet all formal requirements according to Swedish law. It must be in writing, signed by both testators and witnessed by two impartial witnesses.

What is the difference between a joint will and a mutual will?

A joint will is a single document that contains the last wishes of both parties, while a mutual will is two separate but consistent documents in which the parties express their wishes about how the assets should be distributed.

Tips for writing a joint will

1. Communication : Discuss and agree on all the details before writing the will.
2. Clarity : Be clear about your wishes to avoid future misunderstandings or disputes.
3. Professional advice : Consider hiring a lawyer to ensure that the will meets all legal requirements and that your wishes are properly documented.
4. Update as needed : Make sure to update the will in case of major life events, such as the birth of a child, marriage, divorce or major acquisition of property.

The content and structure of the template

Our "Joint Will Template (English)" is carefully designed to cover all the necessary aspects of a joint will. Here is an overview of the contents:

1 Introduction

The will begins by naming both testators and their personal information, including name, social security number and address.

2. Mutual right of inheritance

This section provides that the surviving partner inherits the entire estate with full ownership upon the death of one partner.

3. Distribution of the estate after the death of both

This section specifies how the estate is to be distributed after both parties pass away, including details of specific gifts to beneficiaries and their respective shares.

4. Specific conditions

Here you can specify specific conditions, such as that property bequeathed to children must be their individual property and provisions for how inheritance should be handled if a beneficiary dies before the distribution.

5. Management of inheritance

Includes provisions for the administration of property bequeathed to minor children, including the appointment of a guardian.

6. Executor of will

Specifies who will act as the executor of the will and ensure that the terms of the will are met.

7. Witness certificate

Two witnesses certify that they were present at the signing and that the testators were of sound mind and acted voluntarily.

Closing words

A well-drafted joint will is a powerful tool to ensure that your joint wishes are met after your death. By using our "Joint Will Template (English)" you can feel secure that all legal requirements are met and that your assets are distributed in the way you intend. Invest in the future and protect your loved ones by creating a clear and legally binding joint will today.