Newlyweds each need their own will, even if you both want the same outcome. Marriage does not automatically create a shared estate plan, and without individual wills, state law, not your actual wishes, decides who inherits and who serves as guardian if you have children.
Aric and Samantha Hutchinson had just finished their wedding ceremony when a drunk driver struck their golf cart on a South Carolina beach road, and Samantha was killed within moments of becoming a wife. Accidents like this are rare, but life is genuinely unpredictable, which is exactly why newlyweds should treat estate planning as part of starting a life together, not something to defer. Here is how to do it correctly. FastWill's will package makes it simple for both spouses to get this done at once.
Yes, You Both Still Need Individual Wills
The most common question we hear from newly married couples is whether one spouse's will is enough if you both agree on the basics. It is not. Even when you want identical outcomes, such as leaving everything to each other and naming each other as guardian for future children, each spouse needs a separate, individually signed will. Without one, your state's intestate succession rules decide who inherits, and those default rules do not always match what a newly married couple actually wants.
What Is a Mirror Will
A mirror will is what most newlyweds actually want: two separate wills with matching provisions, where each spouse leaves their estate to the other. Each person keeps the ability to change their own will independently, which matters if your circumstances change later. One drawback is that mirror wills create no legal obligation to tell each other about later changes, and if a surviving spouse remarries, that new spouse's will can direct assets away from children from the first marriage. If you have a blended family, discuss this risk directly before choosing a mirror will.
What Is a Joint Will, and Why Most Couples Should Avoid One
A joint will is a single document covering both spouses that cannot be changed without both people's agreement. This sounds appealing when you are newly married and aligned, but it removes the flexibility to adjust your own wishes later without your spouse's consent, which is usually not what you want even in a strong marriage.
How to Talk to Your Spouse About Writing a Will
If the conversation feels awkward, you are not alone. Set aside a specific time to talk rather than raising it unexpectedly. Start with open-ended questions: What do you want your combined legacy to look like? Do either of you expect an inheritance, and what would you do with it? Do you want to have children, and who would you trust as their guardian? Would you want to leave anything to charity? These questions naturally lead into the specific decisions your will needs to cover.
How to Write Your Online Will
- List your assets and debts. Include property you own together, like a house or vehicles, along with individual accounts, retirement savings, and digital assets such as cryptocurrency or valuable online accounts.
- Decide your beneficiaries. Most newlyweds name each other first, with a backup plan for a shared tragedy.
- Name an executor. Your executor manages your estate through probate, and many couples name each other with a backup executor named as well.
- Sign and witness the document correctly. Follow your state's specific rules exactly, since both wills need to be independently valid.
If you are also planning to start a family, review our guide on writing a will as a new parent so your plan is ready before you need it.
Make a Full Asset Inventory Together
Sit down and list everything you each own, including physical property like a home, car, or pets, financial assets like life insurance and retirement accounts, and digital assets like cryptocurrency, NFTs, and meaningful social media or online accounts. Our article on making a current assets list for your will and trust walks through this process step by step.
Update Your Wills as Your Marriage Grows
Revisit your wills after a home purchase, a new child, a significant inheritance, or a move to a new state. A will written on your honeymoon should not still be your only estate plan a decade and two kids later.
Frequently Asked Questions
Do we need separate wills if we agree on everything?
Yes. Even with identical wishes, each spouse needs their own individually signed and witnessed will. A single shared document is not standard practice and can create complications later.
What happens if one of us dies without a will right after the wedding?
Your state's intestate succession laws decide who inherits, which typically favors a surviving spouse but does not always match what you would have chosen for guardianship or specific bequests.
Is a mirror will the same as a joint will?
No. A mirror will is two separate documents with matching provisions that each spouse can change independently. A joint will is one document that both spouses must agree to change.
Should we name each other as executor?
Many newlyweds do, along with a backup executor in case something happens to both of you. This is a personal decision based on who else you trust to manage the details.
When should we update our wills after getting married?
Review them after any major change, such as buying a home, having a child, receiving an inheritance, or moving to a new state, and at least once every few years otherwise.
Start Your Marriage With a Real Plan in Place
Protecting each other should not wait until something forces the issue. Start your wills with FastWill and get this done together, in one sitting.
