In Russia, spouses have become more likely to draw up joint wills

Only a married couple can make a joint will. This option is not available to people in unregistered relationships, friends or relatives. In the event of a divorce or if the marriage is declared invalid, the joint will is no longer valid.

Previously, even if spouses owned property jointly, each of them could only dispose of their share. Now they have the opportunity to make one will for both. Spouses can change the regime of common property in the event of the death of one of them or both, or they may not do this. They can establish both the same and different heirs after the death of each of them. They can provide for independent testamentary refusals and assignments.

As a rule, this format is chosen by spouses who have been together for many years and between whom there is a high level of trust. One of the common types of joint wills is a will that determines the separate property regime of the surviving spouse, that is, when all property becomes his personal property, as under a marriage contract. Or when the only heir after the death of one of the partners becomes the second, surviving spouse. As experts clarify, this format is chosen by couples with a long history of marriage, who have only common children. When each is confident that the second spouse will not deprive the offspring. At the same time, the children themselves will not be able to interfere in the division of the inheritance. Unless they are obligatory heirs, whose rights are protected by law.

Another option for a joint will is when the spouses establish a separate ownership regime for all property or some of its types and each bequeaths their share to their children from previous marriages.

When drafting such a will, spouses discuss topics that are fundamental to them. What will happen if the wife dies first? And what if the husband? To which of the heirs will they give priority, to whom will they transfer the property into ownership? And to whom will they grant only the right of use under a testamentary refusal? Often, people want the property not to be divided among all the heirs after the death of one partner, but to pass to them only after the death of the second spouse. This is especially important when it comes to business. A joint will allows you to avoid the division of business assets (shares in an LLC). Such agreements minimize disputes in the future.

A joint will can only be drawn up by capable spouses by mutual consent. The document, like a regular will, must be certified by a notary. At the same time, he must record the process on video. In particular, this allows you to exclude future disputes about one of the spouses allegedly exerting pressure on the other, they did not have a common position, someone did not understand what was happening and what legal consequences this would have.

Sometimes, a couple uses video recording as a way to send greetings to their future heirs. They tell the camera about their wonderful life together and wish their children to go through the same happy path.

Source: FNP website