August is National Make-A-Will Month, a yearly reminder about the benefits of creating or updating a will. While end-of-life issues may not be everyone's favorite topic, having a plan can help avoid family disputes and costly court proceedings. The State of Oregon Law Library has several resources to help.
What is a will?
A will is a legal document that determines how your assets are divided upon death and who becomes the caretaker of any minor children. It also allows you to establish a personal representative or executor to carry out your wishes.
What happens if you die without a will?
You are not legally required to draft a will. If you die without a valid will, it is called dying intestate. When this happens, state law and the court determine how your assets get distributed. Assets go to your closest relatives first, as defined by Oregon law, regardless of your relationship with them.
Who can create a will?
In Oregon, any person who is 18 or older and of sound mind may make a will. (ORS 112.225)
Where do you start?
The Legal Information Reference Center is a great starting point. This database contains reference books, legal guides, and forms written in plain language. Look for The Quick and Legal Will Book for instructions on drafting a basic will. The Wills & Estate Planning category lists additional end-of-life planning tools. Both are available online with a State of Oregon Law Library Account. Oregon residents can sign up for a free account online.
The Oregon Barbooks are written by Oregon attorneys and published by the Oregon State Bar. Administering Trusts in Oregon and Administering Estates in Oregon are two books that can assist in your life planning. Available in print and online with a digital token.
When should you update and/or review your will?
It's a good idea to review your will every five years or whenever there is a significant change in your life. Examples of changes include:
- Marital changes
- A new child
- Death of a beneficiary or executor
- A sudden increase or decrease in wealth
- If you move to a different state
- If you change your mind.
Other estate and planning tools
An estate plan is a more comprehensive plan that can be used during life and after death. More specifically, an estate plan often includes a will, trusts, a health directive, and various types of powers of attorney.
Using a lawyer
A lawyer can give legal advice on drafting a will and developing an estate plan. Search for Wills or Estate Planning in the legal directories on SOLL's resource page.