Why everyone needs a will

(Aging Untold) — Only 31% of Americans have a will, according to a 2025 report by the National Council on Aging. That means nearly seven out of 10 people are leaving their families without one.

Who needs a will?

“Everybody needs a will,” Amy O’Rourke, an aging expert, said.

She identified two main reasons people avoid creating wills: fear of confronting mortality and cost concerns.

“I don’t want to think about it. I don’t want to talk about it. I’m scared. I don’t want to look at mortality,” O’Rourke said. “The other issue is money.”

For those worried about cost, O’Rourke recommended shopping around at different law offices, visiting legal aid or checking with local libraries for affordable options.

You don’t need wealth to need a will

Many people may believe they don’t need a will if they lack significant assets.

“If you have a body and you have a name, you have an estate,” Sam Cradduck, a gerontologist, said. “It may not be much, but I can promise you that your stuff has some kind of sentimental value to someone.”

Without a will that specifies who receives personal items, family members may argue over possessions.

“You don’t want your kids arguing over who gets the ring and who gets the watch,” Cradduck said. “Say, ‘You get this and you get that. Now shut up and like each other.’”

Bank accounts and beneficiary designations

Bank accounts with beneficiaries or payment-on-death designations can create conflicts if they differ from what’s stated in a will.

“If they’re different than what’s in the will, the beneficiary or the payment-on-death trumps the will,” O’Rourke said. “So that’s another place that has conflict.”

Taking control of your legacy

A will allows individuals to maintain autonomy over their affairs rather than letting the state decide.

“You get to say what happens with the kids,” Dr. Rhea Rogers, a board-certified physician, said. “You get to plan everything.”

When unexpected events occur without proper planning, families face disarray.

“This is a way to preserve family, preserve legacy rather than almost a path of destruction because people were upset,” Katherine Ambrose, an aging-well coach, said.

Power of attorney is not enough

A common misconception is that having a power of attorney eliminates the need for a will.

“The moment you stop breathing, that power of attorney ceases to exist,” Cradduck said. “People do not understand that. Power of attorney is of no value once you’ve drawn your last breath.”

Without a will, someone still must handle legal affairs, manage property and pay bills. The state determines who takes charge, which may not align with the deceased person’s wishes.

“The person that’s next in line honestly might be the knucklehead of the family,” Cradduck said. “And you don’t want

Don’t forget to update

Many people who have wills may be working with decades-old documents that no longer reflect their current circumstances.

“Not only do you need a will, an updated will,” Ambrose said.

Five key takeaways

1. Everyone needs a will, regardless of wealth — if you have possessions, someone will need to handle them
2. Power of attorney expires at death — it does not replace the need for a will
3. Beneficiary designations on bank accounts override wills, so ensure they align with your wishes
4. Without a will, the state decides who handles your affairs, which may not be your preferred choice
5. Update your will regularly to reflect life changes like divorce, new children or changed relationships