August is recognized as National Make a Will Month, making it an ideal time to revisit one of the most foundational parts of any estate plan. Many people have a general understanding of what a will is, but the details—what it accomplishes, who needs one, and how it interacts with other planning tools—are often less clear. Taking time to understand these essentials can prevent misunderstandings and ensure your wishes are respected.
A will is far more than a standard form or a simple list of instructions. It is a legally enforceable document that reflects your intentions, protects your family, and helps prevent decisions from falling entirely to Ohio’s default inheritance laws. At JCurtis Law in West Chester, Ohio, we emphasize the importance of understanding how a will fits into a broader estate planning strategy so your loved ones are protected when it matters most.
Quick Summary
National Make a Will Month is a valuable reminder to review how your will supports your estate planning goals. A will provides direction on asset distribution, guardianship, and executor appointments, but it also has limitations—such as not avoiding probate or controlling assets with designated beneficiaries. Reviewing your will regularly ensures it continues to reflect your current wishes and life circumstances.
Why Having a Will Matters
At its heart, a will provides clear guidance about your intentions. It outlines where certain assets should go, names the person responsible for administering your estate, and allows you to select a guardian for minor children. These choices are deeply personal, and documenting them helps ensure they are honored.
Without a will, the State of Ohio applies general rules to determine who inherits from you. While these laws are structured to cover common scenarios, they rarely align perfectly with an individual’s preferences—especially for families with blended dynamics, unique financial priorities, or special considerations that do not fit neatly into standard formulas.
Having a will creates clarity. It reduces uncertainty during an already emotional time and gives your family a roadmap instead of unanswered questions. This peace of mind is a key reason many clients at JCurtis Law choose to include a properly drafted will in their overall estate plan.
Where a Will Fits Into an Estate Plan
A will plays a central role in estate planning, but it is not the only tool you need. A well-rounded plan includes several documents, each addressing a different aspect of your personal, financial, and medical needs.
Beneficiary designations—such as those on life insurance policies or retirement funds—determine who receives those assets directly, even if your will states otherwise. Likewise, financial powers of attorney and healthcare directives provide authority for decision-making during your lifetime if you become unable to act on your own.
The goal is coordination. When every part of your estate plan works together, you avoid gaps and conflicts. A will provides essential guidance, but it is most effective when aligned with additional planning documents.
What a Will Can Do
A will serves as your legally recognized instructions for how to handle your estate after death. It sets expectations, outlines your wishes, and provides structure for managing what you leave behind.
Generally, a will accomplishes three major tasks:
- It specifies how certain assets should be passed on to beneficiaries.
- It allows you to choose who will care for your minor children.
- It appoints an executor to carry out your instructions responsibly.
These functions are essential when dealing with real-world situations, such as blended families, unique assets, or specific inheritance preferences. A well-prepared will gives you the ability to make intentional decisions rather than relying on state defaults.
Clear direction also helps reduce the likelihood of disagreements. When beneficiaries understand your wishes from the start, the estate administration process tends to be smoother and less stressful.
What a Will Does Not Do
While a will is important, understanding its limitations is equally crucial.
One common misconception is that a will avoids probate. In fact, a will must go through probate—the legal process that confirms its validity, appoints your executor, and oversees the distribution of assets. The will gives instructions, but probate is how those instructions are carried out.
A will also does not control every asset. Property with named beneficiaries—such as retirement accounts or life insurance—passes directly to those individuals. Jointly owned property often transfers automatically to the surviving owner. These assets are not governed by the terms of the will.
Additionally, a will only applies after death. It does not address situations involving incapacity or medical decision-making. Separate estate planning documents handle those circumstances.
Finally, a will cannot eliminate debts or ensure a quick administration. The estate must first satisfy outstanding obligations, and the timeline depends on the complexity of your circumstances.
Common Questions About Wills
Many questions we receive at JCurtis Law revolve around who needs a will and how it functions in different stages of life.
Do you need a will if you are married?
Yes. While spouses often have certain rights under Ohio law, those may not reflect your specific intentions. A will allows you to outline exactly how assets should be handled and who will manage the estate, especially when children or particular wishes are involved.
Do you need a will if you don’t have significant wealth?
Yes. A will is not based on the size of your estate. It ensures that what you do have is managed according to your wishes and helps simplify the process for your loved ones.
Can a will override beneficiary designations?
No. Beneficiary designations take priority, which is why reviewing them periodically is essential.
Is a will enough by itself?
Not always. A will is a good starting point, but it does not address incapacity, medical decisions, or assets that pass outside probate.
When to Review or Update Your Will
Your will should evolve as your life changes. Major milestones often signal the need for an update. These events include marriage, divorce, welcoming a child—whether by birth or adoption—or major changes to your financial situation. Buying or selling real estate can also impact how your estate is structured.
Even without major life changes, periodic reviews ensure your will still reflects your goals. An outdated document may create confusion or unintended consequences.
Building a Plan That Works for You
Your will is a crucial part of your estate plan, offering structure and clarity during a difficult time. It documents your wishes and guides your loved ones through the next steps. But a will alone is not enough to cover every situation or ensure coordination across all your assets.
If your will hasn’t been reviewed recently or you are unsure how it fits into a complete estate plan, this month is an excellent time to revisit it. Our team at JCurtis Law is here to help you understand your options, identify missing pieces, and build a plan that aligns with your long-term goals.