Legitimate reasons to contest a will in Ohio

On Behalf of | Apr 5, 2022 | Will Contests

Several people may try to contest your will. This includes family members, friends, and even business partners who feel like you have been “unfair.”

However, to have a valid case, the individual must have some type of legal standing. They must also have a valid reason to contest the document. If these things are present and proven, then they can move forward and contest the will.

Some of the reasons that can be used to contest a will in Ohio include:

Faulty or incomplete document

There are specific laws dictating how a will should be written and signed to make it legally binding. If these rules have not been followed, then it can be legally contested.

Undue influence

It can be contested if someone believes the person was influenced when they were writing the will to give or leave someone more than they were entitled to. Usually, the undue influence comes from someone close to the testator. It’s necessary to prove this undue influence, which can be challenging.

Mental incapacity

The testator must have the mental capacity to create a will. This means they understand what assets they have and why they leave them to certain beneficiaries. Someone can contest a will if they have proof from witnesses, doctors or other evidence they did not have the mental capacity to create the document.

What to know about contesting a will

No matter the reason, contesting a will in Ohio can be challenging. It is a process that can also take a lot of time and money. Because of this, it is recommended that someone who plans to contest a will not do it alone. They also need to ensure they have the required evidence before moving forward. 

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