A will contest in Ohio is a complex legal proceeding that almost always requires that one or both parties be represented by an experienced attorney. Nevertheless, understanding the mechanics of such proceedings can help anyone who may have an interest in the estate at issue in deciding whether to commence a proceeding to have a will or one or more specific provisions in a will declared invalid.
Who can contest a will in Ohio?
Any person with a potential financial interest in the assets of the decedent has the legal right to commence an action to have the will declared invalid. This group includes legal heirs who were omitted from the will, family members, or beneficiaries who believe that they were given an inadequate share of the estate.
Grounds for declaring a will invalid
A will can be declared invalid on several grounds. The will must be properly executed pursuant to the statutes of Ohio. The will must be written, that is, typed or printed. The will must be signed by the person making the will, usually called the testator or testatrix. The testator’s signature must be witnessed by two witnesses who are over the age of 18. If the will as submitted to the probate court can be declared invalid, if any of these requirements is not satisfied.
A will can also be declared invalid if the maker did not possess adequate mental capacity when the will was signed. Ohio law makes a gift to a witness invalid, and that portion of the will is therefore invalid. A similar ground for invalidation is proof of coercion or undue influence by another person.
Ohio law places very strict limits on the time period for commencing an action challenging a will. A will contest must be commenced not later than three months after the will is filed with the probate court. Certain exceptions exist for persons with provable disabilities, but those disabilities must be proved by credible medical evidence.