Legal Question in Wills and Trusts in New Hampshire
wills
If you are married, can you have a seperate will for either party?
3 Answers from Attorneys
Re: wills
Each party should have a separate will. However, I strongly recommend that they be compatible wills to avoid conflicts.
Re: wills
To echo the other responses, the answer is "yes," and this would be the standard practice. However, if there is conflict between a married couple as to their testamentary intentions (i.e., to whom they want to leave their respective estates), they should have separate attorneys draw up their wills. This could have negative consequences from an estate planning perspective, so some coordination should be done.
Otherwise, if there is no conflict, the couple should meet with an estate planning attorney to draft appropriate wills for the particular circumstances of the couple. This is especially important if the couple has minor children, or if there are special planning situations (i.e. a disabled child, "blended families", remarriage, etcetera) but it is a wise idea in any case. (Don't assume that wills can be purchased from Staples - you get what you pay for!)