Will for Individual with Spouse or Partner
(Basic) (OH)

Summary

This template is a simple will for a testator with a spouse or partner in Ohio. The spouse or partner is named as the primary beneficiary. Children or the surviving issue of deceased children are the alternate beneficiaries. This template includes practical guidance, drafting notes, and alternate and optional clauses. This basic will is for use in circumstances where the testator does not wish to create testamentary trusts or use the will to fund or add to an inter vivos trust. It is not designed to achieve any tax savings. Counsel should review with the client the potential advantages or disadvantages of using a will in conjunction with such trusts. For an Ohio will that includes tax planning and testamentary trusts, see Will for Married Individual (Marital QTIP and Family Trusts with GST Tax Planning) (OH). This will contains no specific provisions for the disposition of any real property that the testator may own. Thus, if the testator owns a real property interest that is subject to disposition under the will, their interest in that property will pass under the residuary clause. Property that is not subject to testamentary disposition, such as joint tenancy property or property held in a tenancy by the entirety, will pass outside the will to the surviving joint tenant(s). Family residences owned by married couples are frequently held in joint tenancy or tenancy by the entirety and will thus pass outside the will to the surviving spouse. If the testator owns real property interests subject to testamentary disposition that they wish to leave to someone other than the residuary beneficiary, this template may be tailored accordingly. For more information on wills in Ohio, see Purposes and Uses of a Will (OH); Requisites, Instrumentation, and Will Provisions (OH); and Revocation, Revival, Amendments, and Will Contests (OH). For a discussion of trusts, see Characteristics and Uses of Trusts (OH). For will templates with trusts, see Will for Individual with Spouse or Partner (Pot Trust for Children) (OH); Will for Individual with Spouse or Partner (Separate Share Trusts for Children) (OH); and Will for Individual with Spouse or Partner (Pour Over to Inter Vivos Trust) (OH).