Breaking Down Joint Wills Written With a Shared "We": Understanding the Legal Implications
"First-person singular or first-person plural"
In the field of inheritance law, joint wills are an agreement between two or more people – frequently couples like spouses – stipulating how their assets should be distributed after both parties pass. When such a will is written in the first-person plural, or 'we' form, it indicates a commitment to joint decisions about the distribution of their combined property.
Critical Aspects of Joint Wills
- Common Intent: Joint wills are underpinned by a shared intent among the parties involved. This intention is usually evident in the way the will is written, such as its use of the 'we' form.
- Limitations on Enforceability: While a joint will cannot be legally enforced during the lives of the signatories, it becomes enforceable following the deaths of both parties, unless otherwise specified in the document.
- Revocability: Joint wills can typically be revoked by either party during their lifetime. Some jurisdictions, however, may place restrictions on revoking joint wills, particularly if they contain mutual promises or obligations that resemble binding contracts.
- Interpretation Challenges: Courts will examine joint wills to discern the testators' original intent, considering factors like the language used and any extrinsic evidence. If the will is ambiguous, courts may look beyond the document to understand the intentions of the parties involved.
Judicial Interpretation of Joint Wills
Interpreting joint wills involves understanding the mutual intent behind the document. This interpretation process is guided by the following considerations:
- Shared Intent: Courts focus on the common purpose behind the joint will, often reflected in the language used, such as the 'we' form.
- Contractual Elements: If the joint will has contractual elements, like mutual promises, courts may factor these into their interpretation, especially when one party tries to unilaterally revoke the will.
- Fairness and Equity: Courts also take principles of fairness and equity into account when interpreting joint wills, ensuring that the distribution of assets is consistent with the mutual intentions of the parties involved.
- Legal Compliance: The joint will must conform to legal requirements, including proper signing and witnessing, within the jurisdiction where the document is executed.
Notably, when a joint will has sections that are ambiguous or difficult to separate, probate courts have the right to make decisions that ensure the fair distribution of assets according to the mutual intentions of the parties involved. This decision was demonstrated in a case by the Higher Regional Court of Zweibrücken when a joint will, written in the 'we' form, was revealed to contain provisions that could not be separated easily[2].
Sources:1. Investopedia, Joint Will2. ntv.de, more on the topic3. LegalZoom, Joint Will Explained: Pros, Cons, and How to Create One
In the context of a community, a policy regarding joint wills could be established, emphasizing the legal implications and the importance of sharing a common intent, coupled with vocational training for legal advisors to ensure proper interpretation and enforcement of such wills in the realm of finance and business. Moreover, vocational training for business entities might help couples outline their joint wills effectively and comprehensively, making use of language like the 'we' form to demonstrate a commitment to joint decisions in their will.
