Who can contest a will?

On Behalf of | Dec 13, 2022 | Will Contests

Losing a loved one is painful, but the process can become more difficult when you realize you are not part of the will or you believe the given will does not reflect your loved one’s real intentions. In that case, you have the option to contest it.  

To do so, you need to get in-depth information about contesting a will. And one of the factors to consider is whether you can contest it. Here are parties that can challenge a will:

Spouses and children of the testator

A spouse and children of a deceased person have grounds to contest a will since they are legal heirs. If you fall in this category, but the will seems invalid and its approval will disadvantage you, it can help to challenge it.

Others who could expect to inherit

Even if you are not a legal heir of the deceased but were part of the will and have been omitted, you can also contest it. Other grounds are if you believe the given share is smaller than what you deserve or were promised. Anyone mentioned in a current or prior will other than the testator’s spouse and children falls in this category.

After establishing you have the grounds to contest a will, you can use different strategies to challenge its validity, protecting your rights. These include confirming that the decedent was not of sound mind when drafting the will, an undue influence was at play, or a legal procedure was not followed to validate the will.

You will need to gather the needed evidence to support your claim. Note that you have three months to contest a will in Ohio after receiving the initial notice that it has been admitted to probate. Further, ensure that you are well-organized and knowledgeable to make the right calls.  


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