Is the presence of both spouses required when making a will, if it is...?

Yes, the presence of both spouses is required.

A marital will is a relatively new form of will. Previously, a will was drawn up exclusively on behalf of one person, but today spouses have the right to draw up a joint will.

The only, but significant advantage of drawing up a joint will of the spouses is that the spouse who survived the other continues to live in the usual property environment for him. In the presence of, for example, a one-room apartment as the only home of a spouse, inheritance after the death of one of them would put the other in a very difficult financial situation and dependent on the decency of other heirs. Therefore, the joint will of the spouses is designed to protect the property interests of the spouse who survived the other.

However, when drawing up a joint will, spouses should take into account its possible shortcomings:

1. the spouse who survived the other will not have the right to alienate property in any way during his lifetime, because a ban will be imposed on him;

2. the property of the previously deceased spouse, which belonged to the common co-ownership, passes entirely to the surviving spouse, and the inheritance rights of other persons (children, parents of the deceased) are limited;

3. the spouse who survived the other cannot cancel or change the joint will after the death of the first spouse. At the same time, the person in whose favor the will was drawn up may behave unworthily after the death of one of the spouses (but within the limits of the law, which makes it impossible to remove her from the inheritance under the will), but the current legislation prohibits the testator in this case from revoking the will.