Trusted Southern Ohio Attorneys

Recognize and avoid mistakes that can render your will invalid

On Behalf of | Jun 28, 2023 | Estate Planning

Creating a will can address the key issues in an Ohio resident’s life and their estate. However, there are frequent disputes over wills after the person who wrote the will – the testator – has died. Trying to avoid them is imperative from the outset.

What must be done to make sure a will is valid?

One way that heirs or potential heirs who are unhappy with the way the will was constructed might try to have it nullified is to claim it is invalid. A testator should be fully aware of how to make sure it is valid when it is constructed and executed.

A will needs to be either typewritten or handwritten. The testator must sign it or have a person sign it for them while the testator is conscious and the signature is at their direction. It must be attested and subscribed while the testator is present.

At least two competent witnesses also need to be present and acknowledge that they witnessed the testator’s signature.

The testator must have had the required capacity to complete their will and was not subject to undue influence. For example, if an elderly person was suffering from an illness that negatively affected their lucidity, it might be questioned as to whether the will is valid.

To have a valid will, it is essential to have advice on adhering to the law

When a person writes a will, they do so with the objective of having control of their property and where it will go.

The validity of the document could come into question if errors are made when it is written and executed. To prevent the confusion and dispute that accompanies problems with a will, it is important to have advice from the start from those who are experienced in all aspects of estate planning.