Married couples in Ohio often look for simple and cost-effective ways to plan for the future together. One option that sometimes comes up is a joint will. While a joint will may sound convenient, it is not always the best choice for every couple. Understanding how joint wills work under Ohio law—and the potential drawbacks—can help couples make informed estate planning decisions.

At Fred P. Ramos Law Office, we can provide legal assistance to the Ohio public by helping couples evaluate estate planning tools that align with their goals and family circumstances.

What Is a Joint Will?

A joint will is a single legal document created and signed by two people, typically spouses. It outlines how each spouse’s property will be distributed after death. In many cases, the will provides that when one spouse passes away, their assets go to the surviving spouse, and when the second spouse dies, the remaining assets are distributed to chosen beneficiaries, such as children.

Joint wills are different from separate wills or “mirror wills,” which are two individual documents with similar terms. The key distinction is that a joint will combines both spouses’ wishes into one binding agreement.

Are Joint Wills Legal in Ohio?

Yes, joint wills are recognized in Ohio. However, they are relatively uncommon in modern estate planning. While Ohio law allows them, courts often scrutinize joint wills closely, especially if disputes arise after one spouse passes away.

Because of their binding nature, joint wills can create complications that couples may not anticipate when the document is first signed.

Potential Benefits of a Joint Will

For some couples, a joint will may seem appealing for a few reasons:

• Simplicity: One document instead of two can feel easier to manage.
• Shared planning goals: Couples with identical wishes for asset distribution may like the idea of a single plan.
• Perceived cost savings: Some believe preparing one will may reduce upfront legal costs.

While these points can be attractive, they should be weighed carefully against the limitations of joint wills.

Drawbacks and Risks of Joint Wills

Joint wills often come with significant downsides that make them less flexible than other estate planning options.

One major concern is lack of flexibility after the first spouse’s death. In many cases, a joint will becomes irrevocable once one spouse passes away.

This means the surviving spouse may be unable to change the terms, even if circumstances change—such as remarriage, financial shifts, or changes in family relationships.

Another issue involves unexpected life events. If the surviving spouse needs to sell property, adjust beneficiary designations, or respond to tax or Medicaid planning concerns, a joint will may restrict those choices.

Joint wills can also increase the risk of disputes. Beneficiaries may challenge whether the surviving spouse is complying with the original agreement, potentially leading to court involvement and delays.

Alternatives to Joint Wills for Ohio Couples

Many married couples in Ohio find that other estate planning tools offer greater flexibility and clarity. Separate wills allow each spouse to update their plan if circumstances change. Revocable living trusts may provide additional benefits, such as avoiding probate and offering more control over asset distribution.

These alternatives can still reflect shared goals while allowing each spouse to retain individual control over their estate plan.

Is a Joint Will Right for You?

Whether a joint will is appropriate depends on factors such as the size of the estate, the complexity of assets, blended family concerns, and long-term planning goals. What works for one couple may not work for another.

At Fred P. Ramos Law Office, we can provide legal assistance to the Ohio public by helping married couples understand their options and choose an estate planning approach that fits their needs.