Discovering that you were left out of a loved one’s will can be painful and confusing, especially if you were expecting to inherit or believed your relationship justified inclusion. In some cases, exclusion is intentional and legal. But in others, there may be grounds to challenge the will in court. So, can you contest a will in Ohio if you were left out? The answer is yes, but only under certain legal conditions. Not every omission means the will is invalid. Ohio probate courts require specific reasons and evidence to overturn a will. 

At the Law Offices of Daniel McGowan, we help individuals and families in Cleveland and throughout Ohio resolve contested estate matters, including will challenges. Here’s what you need to know about contesting a will after being left out.

Who Can Contest a Will in Ohio?

Under Ohio law, only certain people have legal standing to contest a will. Generally, you must be someone who:

• Would have inherited under Ohio’s intestate succession laws if no will existed (e.g., spouse, child, sibling)
• Was named in a previous version of the will and removed in a later version
• Has a financial or legal interest in the estate that is directly affected by the current will

If you are simply disappointed or surprised but have no legal interest in the estate, the court will not consider your claim.

Legal Grounds to Contest a Will in Ohio

You cannot contest a will just because you were left out. Instead, you must prove that the will is legally invalid for one or more of the following reasons:

• Lack of testamentary capacity: The person who created the will (the testator) must have been mentally competent at the time the will was signed. If they were suffering from dementia, delusions, or another cognitive issue, you may have a valid challenge.
• Undue influence: If someone manipulated or pressured the testator to change their will, often to benefit themselves unfairly, the court may invalidate that version of the will.
• Improper execution: Ohio law requires that a will be in writing, signed by the testator, and witnessed by at least two competent individuals. If any of these steps were skipped or mishandled, the will may be declared void.
• Fraud or forgery: If the will was signed under false pretenses, forged, or altered after the testator signed it, the court may invalidate it.
• Revocation: A more recent valid will may exist that overrides the older version. If so, the most recent will typically take precedence.

Establishing any of these claims requires evidence, which is why experienced probate litigation support is essential.

What Happens If a Will Is Successfully Contested?

If the court determines that the contested will is invalid, it may take one of the following actions:

• Reinstate a prior valid will (if one exists)
• Distribute the estate according to Ohio’s intestate succession laws, which follow a specific family hierarchy

That means assets may be split among the deceased’s spouse, children, parents, or siblings, even if they were not named in the contested will. However, if no previous will is available and the contested will is deemed invalid, the court treats the estate as if the deceased died without a will at all.

Time Limits for Contesting a Will in Ohio

Ohio imposes strict deadlines for will contests. In most cases, you must file a formal challenge within three months after the will is admitted to probate. If you miss this window, the court may not hear your case, no matter how strong your evidence may be. That’s why it’s critical to speak with a probate litigation attorney as soon as you suspect something is wrong.

Call the Law Offices of Daniel McGowan to Discuss Your Options

Will contests can be emotionally and legally complex. They may involve family members, close friends, or long-standing disputes. Before you file a challenge, consider the following:

• Do you have standing to contest the will?
• Is there concrete evidence of undue influence, fraud, or incompetence?
• Are you prepared for a legal process that may take several months or longer?
• Is there a financial or moral reason to move forward?

At the Law Offices of Daniel McGowan, we help clients weigh these questions and make informed decisions. Sometimes a will contest is necessary to protect what’s right. Other times, mediation or alternative legal strategies can resolve the dispute without a courtroom battle.

If you’ve been left out of a loved one’s will and believe it was due to manipulation, mistake, or misconduct, you may have legal grounds to challenge it. Contact us today to schedule a consultation with our probate litigation team in Cleveland. We’re here to help you protect your rights and your family’s legacy.