When people begin the estate planning process, they often encounter unfamiliar legal terms that sound similar but serve completely different purposes. Two of the most commonly confused documents are joint wills and living wills. Many Michigan residents assume these documents accomplish the same goal because they both contain the word “will.” In reality, they address entirely different aspects of planning for the future.
A joint will focuses on what happens to your property and assets after death. A living will focuses on your healthcare wishes if you become unable to communicate those decisions yourself. Understanding the difference is essential if you want to create an estate plan that protects both your family and your personal wishes.
What Is a Joint Will?
A joint will is a single legal document created by two individuals, most commonly married spouses. Rather than each spouse having a separate will, both parties use one document to outline how their assets will be distributed after death.
In many cases, a joint will states that when the first spouse dies, all assets pass to the surviving spouse. After the surviving spouse passes away, the remaining assets are distributed according to the instructions outlined in the will.
At first glance, this arrangement may seem efficient and straightforward. Couples often like the idea of having a single document that reflects their shared wishes. However, joint wills have become far less common in modern estate planning because they can create significant limitations for the surviving spouse.
One of the biggest concerns is that Michigan courts often treat joint wills as contractual wills. This means both spouses have entered into a binding agreement about how assets will be distributed, and that agreement may be legally enforceable even after the first spouse dies. The surviving spouse may find themselves unable to update the plan regardless of how much their circumstances have changed.
What happens if the surviving spouse remarries? What if a child develops special needs? What if a beneficiary passes away? What if family relationships change over time? A rigid estate plan may not be able to adapt to these new realities.
Because of these potential drawbacks, many Michigan estate planning attorneys recommend alternative strategies that provide greater flexibility while still honoring a couple’s wishes. If you are considering this type of arrangement, working with a joint wills attorney in Michigan can help you understand the advantages, disadvantages, and available alternatives before you sign anything.
What Is a Living Will?
A living will serves an entirely different purpose.
Unlike a joint will, a living will does not address who receives your property after death. Instead, it focuses on medical and healthcare decisions that may need to be made while you are still alive.
It is worth noting that Michigan does not formally recognize a standalone “living will” as a statutory legal document in the same way some other states do. In Michigan, the primary legal tool for communicating healthcare wishes is the Patient Advocate Designation, which allows you to name a trusted person to make medical decisions on your behalf and document your specific treatment preferences in writing.
That said, the term “living will” is widely used to describe advance healthcare directives generally, and Michigan residents can and do create documents that serve this function.
A living will or advance directive allows you to document your preferences regarding medical treatment if you become incapacitated and cannot communicate your wishes. This situation can arise due to a serious illness, accident, injury, stroke, or other medical emergency.
For example, a living will may include instructions regarding:
- Life support measures
- Artificial nutrition and hydration
- End-of-life care
- Pain management preferences
- Organ donation considerations
Without clear instructions, family members may be forced to make difficult decisions during an emotional and stressful time. In some situations, loved ones may disagree about what treatment you would have wanted.
Working with a living wills attorney who understands Michigan’s specific legal requirements can help ensure these documents are properly prepared and that your wishes will actually hold up when it matters most.
The Key Differences Between Joint Wills and Living Wills
Although the names sound similar, the purposes of these documents are completely different.
A joint will is designed to address the transfer of assets after death. It focuses on beneficiaries, inheritance, and estate distribution.
A living will addresses healthcare decisions during your lifetime if you become unable to communicate your wishes.
One document primarily deals with financial matters and inheritance planning. The other deals with medical care and personal healthcare choices.
Understanding this distinction is important because creating one document does not eliminate the need for the other.
Why Are Joint Wills Less Common Today?
Estate planning has evolved significantly over the years. While joint wills were once more common, many Michigan attorneys now recommend separate wills or revocable living trusts instead.
The primary reason is flexibility.
Life rarely remains the same for decades. Families grow, relationships change, assets increase or decrease, and personal circumstances evolve. Estate plans should be able to adapt to these changes.
A revocable living trust or separate wills often allow individuals to make updates when necessary. Joint wills, by contrast, can sometimes lock surviving spouses into decisions that were made many years earlier, particularly in Michigan where the contractual nature of these documents may limit a surviving spouse’s options.
This is particularly important for blended families, business owners, individuals with significant assets, and families with changing financial needs.
Why Every Michigan Adult Should Consider Healthcare Planning
While not everyone needs a joint will, nearly every adult in Michigan should think seriously about healthcare planning.
Many people assume they are too young to need advance healthcare directives. Unfortunately, accidents and unexpected medical emergencies can happen at any age.
Without proper documentation, loved ones may face uncertainty about your treatment preferences. Family members may disagree about important decisions, creating additional stress during an already difficult time.
A properly drafted Patient Advocate Designation under Michigan law can eliminate confusion by providing clear guidance about your wishes. It can also reduce the likelihood of disputes among family members and ensure your voice is heard even when you cannot speak for yourself.
Building a Complete Michigan Estate Plan
The reality is that most people do not need to choose between a joint will and a living will. These documents address different concerns and can both be part of a broader estate planning strategy.
A comprehensive Michigan estate plan often includes:
- A last will and testament
- A revocable living trust
- Durable financial powers of attorney
- A Patient Advocate Designation
- Healthcare directives
- Beneficiary designations for financial accounts
Together, these documents can help protect your assets, your healthcare decisions, and your family’s future.
Final Thoughts
Joint wills and living wills are often confused because of their similar names, but they serve very different purposes. A joint will focuses on how property is distributed after death, while a living will communicates your medical wishes if you become incapacitated.
For most Michigan families, the goal should not be choosing between one document or the other. The focus should be on creating a complete estate plan that addresses both financial and healthcare concerns. The People’s Firm PLLC helps Michigan families navigate these decisions across the state. To learn more about your options, visit our pages on joint wills and living wills in Michigan.
