A joint will is a special form of testamentary disposition that may be executed exclusively by spouses and only in respect of property owned by them under the regime of joint marital property (joint ownership without determination of shares). It is not merely an expression of intent to bequeath property, but a joint declaration of will that entails specific legal consequences.

Distinction from an Individual Will

• Spouses may dispose only of jointly owned property — that is, property belonging to both of them under the regime of joint marital property.

• Personal property of either spouse (acquired prior to marriage, by inheritance, or as a gift) may not be included in a joint will.

• Each spouse is entitled to revoke the joint will during their lifetime.

• Important: such revocation must be notarized.

• The law does not provide for the spouses’ right to impose conditions upon which inheritance rights of the surviving spouse would arise, to disinherit the surviving spouse, or to establish testamentary legacies or other dispositions that are otherwise permissible in the case of an individual will.

Legal Consequences Upon the Death of One Spouse

1. The deceased spouse’s share in the joint marital property automatically passes to the surviving spouse.

2. A notary immediately imposes a prohibition on the alienation of such property to prevent the surviving spouse from selling or gifting it during their lifetime.

3. Upon the death of the surviving spouse, the entire property passes to the heirs jointly designated by the spouses in the will.

What Are the Legal Consequences if a Joint Will Disposes of Personal Property of One Spouse?

In such a case, the joint will shall be deemed invalid in the part concerning the disposition of the personal property of one spouse, and such property shall be subject to intestate succession.

At the same time, the testators themselves (neither individually nor jointly) may not challenge the joint will. This right belongs exclusively to interested parties — for example, heirs at law or heirs under a prior will seeking to restore their entitlement.

Conclusion

A joint will of spouses is an effective legal instrument allowing spouses to agree in advance on the succession of their jointly owned property. Its principal advantage lies in safeguarding the surviving spouse (by preserving their established property status), while creating a clear and predictable framework for subsequent succession and minimizing potential disputes among relatives.

Author: Kateryna Omelchenko