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.

Understanding Undue Influence in Ohio Estate Law

Undue influence is when someone uses their position or authority to manipulate another person into making decisions that do not reflect their true intentions, often resulting in a will that disproportionately favors the influencer. In Ohio, proving undue influence is a significant factor when contesting a will, as it can lead to the entire document being declared invalid. 

This legal concept is particularly relevant in cases where there are sudden or unexpected changes in the will, such as large gifts to one beneficiary or the exclusion of close family members without a clear reason. 

For those challenging a will, it’s important to understand that proving undue influence is not easy. The burden of proof lies with the person contesting the will, and they must provide compelling evidence that the testator (the person who made the will) was influenced in such a way that their free will was overpowered. This often requires a combination of direct evidence, such as witness testimony, and circumstantial evidence, like patterns of behavior or sudden changes in the testator’s actions or decisions.

The Four Essential Elements of Undue Influence

To successfully prove undue influence in an Ohio court, four essential elements must be established:

Susceptibility

The first step is demonstrating that the testator was susceptible to undue influence. Susceptibility often arises from factors such as advanced age, physical or mental illness, dependency on the influencer, or a weakened mental state. Evidence of susceptibility might include medical records showing cognitive decline, testimonies about the testator’s mental and emotional state, or documentation of the testator’s reliance on the influencer for daily activities or financial management.

Opportunity

Next, it must be shown that the influencer had the opportunity to exert control over the testator. This is typically established by proving that the influencer had frequent access to the testator and was in a position of trust or authority. For example, a caregiver, financial advisor, or close family member who spent significant time with the testator during the period when the will was drafted or amended would likely have the opportunity to influence their decisions.

Intent or Disposition

The third element involves proving that the influencer intended to benefit themselves or another person at the expense of the natural heirs or the true intentions of the testator. This may involve showing that the influencer had a motive to exert control, such as financial gain or a desire to exclude others from the will. Evidence might include statements made by the influencer, actions taken to isolate the testator from other family members, or any behavior that suggests the influencer was directing or manipulating the testator’s decisions.

Resulting Unfairness

Finally, it must be demonstrated that the will, as a result of the undue influence, contains provisions that are significantly different from what the testator would have wanted if they had been acting of their own free will. This could involve comparing the contested will with previous versions, looking for drastic changes that benefit the influencer, or identifying provisions that are uncharacteristic of the testator’s known wishes. An example might be a will that suddenly disinherits long-standing beneficiaries in favor of someone who had recently become close to the testator under suspicious circumstances.

Building a Strong Case: Evidence and Testimonies

Proving undue influence requires a well-constructed case that combines various forms of evidence to support each of the four elements. This can include medical records, financial documents, witness testimonies, and expert opinions. Each piece of evidence should contribute to a cohesive narrative that demonstrates how the undue influence occurred and how it affected the testator’s decisions. 

Medical records are often a critical component in proving susceptibility. These records can provide insight into the testator’s physical and mental health, revealing any conditions that may have made them more vulnerable to influence. For instance, if the testator was suffering from dementia or another cognitive impairment, this could significantly strengthen the case for undue influence. Witness testimonies are also invaluable, particularly from individuals who had regular contact with the testator and observed their interactions with the influencer. These witnesses might include family members, friends, neighbors, or healthcare providers who noticed changes in the testator’s behavior, such as increased dependency on the influencer or a sudden withdrawal from other relationships. Such testimonies can help establish both susceptibility and opportunity. 

Financial records and other documentation play a crucial role in demonstrating intent and resulting unfairness. If the influencer had access to the testator’s finances, sudden changes in financial behavior—such as large transfers of money to the influencer or the purchase of assets in the influencer’s name—can be indicative of undue influence. Additionally, if the contested will is drastically different from previous versions, this can serve as strong evidence that the testator’s true intentions were compromised.

The Importance of Legal Expertise in Will Contests

Given the complexities involved in proving undue influence, having experienced legal representation is essential for anyone contesting a will in Ohio. A skilled attorney can help in gathering and presenting the necessary evidence, constructing a compelling argument, and effectively challenging the validity of the will. The legal process of contesting a will can be lengthy and emotionally taxing, making professional guidance crucial to achieving a successful outcome. 

Moreover, a probate attorney can assist in exploring alternative solutions, such as mediation or settlement negotiations, which may provide a less adversarial and more efficient resolution to the dispute. In some cases, reaching a settlement outside of court can help preserve family relationships and ensure that the true wishes of the deceased are honored without the need for a prolonged legal battle. 

At McGowan Law Firm, our probate attorneys have extensive experience handling will contests involving claims of undue influence. We understand the emotional and financial stakes involved in these cases and are dedicated to helping our clients protect their loved one’s legacy. If you believe that a will has been affected by undue influence, we invite you to contact us for a consultation. Our team is committed to providing the legal support and expertise you need to pursue justice and ensure that your family member’s true wishes are respected.