FAQ

A will contest is a legal proceeding that challenges the validity of a deceased person's will. The goal is typically to have the court declare the will invalid—either in whole or in part—so that the estate passes under a prior will or under Ohio's intestacy laws. Will contests are adversarial proceedings that can be emotionally and financially costly, but they serve an important function: protecting the true intentions of the deceased and preventing fraud or exploitation.

Only "interested persons" have legal standing to contest a will. This generally includes anyone who would inherit from the estate if the will were declared invalid—such as heirs who would take under intestacy law or beneficiaries named in a prior will. It also includes fiduciaries named in prior wills and creditors of the estate. A person who would receive nothing regardless of the outcome typically cannot challenge the will because they have no financial stake in the result.

Ohio law recognizes several grounds for challenging a will. Lack of testamentary capacity means the person who made the will did not have the mental ability to understand what they were doing—they must have understood the nature and extent of their property, who their natural heirs were, and that they were making a will. Undue influence occurs when someone exerted such control over the testator that the will reflects the influencer's wishes rather than the testator's own intentions. Fraud involves deception that caused the testator to sign a document they did not understand or to include provisions they would not have otherwise made. Improper execution means the will was not signed and witnessed according to Ohio's formal requirements.

Undue influence is more than mere persuasion or affection. It requires showing that someone substituted their own wishes for those of the testator through manipulation, coercion, or exploitation of a position of trust. Courts look at several factors: whether the alleged influencer had a confidential relationship with the testator; whether the testator was susceptible to influence due to age, illness, or isolation; whether the influencer had the opportunity to exert influence; whether the will reflects an unnatural disposition (such as cutting out close family members in favor of a recent acquaintance); and whether the influencer participated in procuring the will. The burden of proving undue influence can shift depending on the circumstances.

Testamentary capacity refers to the mental ability required to make a valid will. In Ohio, the testator must have understood the nature of making a will, known the general nature and extent of their property, known who their family members and natural objects of their bounty were, and understood how the will would distribute their property. The standard is not particularly high—a person can have testamentary capacity even if they have some degree of cognitive decline or mental illness, as long as they met this basic threshold at the moment they signed the will. Medical records, witness testimony, and the circumstances surrounding the will's execution all become relevant evidence.

When a will is submitted for probate, the court issues a notice to interested parties. You typically have a limited window to file objections—the exact timeframe depends on how you received notice and whether you appeared in the proceedings. If you believe you have grounds to contest the will, you should consult with an attorney promptly. The contest proceeds through discovery, where both sides gather evidence including medical records, financial documents, and witness depositions. Most will contests are ultimately resolved through negotiation or mediation, but cases that cannot be settled proceed to trial before the probate court.

No. Ohio law does not permit challenges to a will while the person who made it is still alive. This makes sense because a living person can always change their will or revoke it entirely. The validity of a will only becomes a legal question after the testator's death when the document is offered for probate. If you have concerns about a living family member being exploited or manipulated, other legal remedies may be available, such as seeking a guardianship or pursuing claims for financial exploitation.

If the court finds that a will is invalid, the estate is distributed as if that will did not exist. If there was a prior valid will, the estate passes according to its terms. If there was no prior will, the estate is distributed under Ohio's intestacy statutes, which provide a default scheme based on family relationships. In some cases, only a portion of the will may be invalidated—for example, if undue influence affected only certain provisions—and the remainder of the will may still be given effect.

An in terrorem clause—also called a "no-contest" clause—is a provision in a will that says anyone who challenges the will forfeits their inheritance. Unlike some states that refuse to enforce these clauses, Ohio generally upholds them. This means that if you contest a will and lose, you may receive nothing even if you were named as a beneficiary. However, the clause must be properly drafted, and there may be exceptions for challenges brought in good faith and with probable cause. This is a critical consideration before deciding to pursue a will contest, and you should discuss the risks thoroughly with your attorney.

Ohio has specific requirements for a valid will. The testator must sign at the end of the will (or direct someone else to sign on their behalf in their presence), and two competent witnesses must sign in the presence of the testator. If these formalities were not followed, the will may be invalid. This is a relatively straightforward ground for a will contest because it focuses on objective facts rather than the testator's state of mind. However, Ohio courts do try to give effect to a testator's intent when possible, so minor technical defects may not always invalidate a will.

No. Ohio does not recognize holographic (entirely handwritten) wills, and handwritten changes to a typed will—such as crossing out names, changing dollar amounts, or adding new provisions—are not valid unless the changes are executed with the same formalities as the original will. The proper way to modify a will is either to execute an entirely new will that revokes the prior one, or to execute a codicil (an amendment) that is signed and witnessed just like a will. Handwritten alterations on the face of a will may actually raise questions about whether someone tampered with the document.

Ohio law permits a parent to disinherit adult children. There is no legal requirement that children receive any portion of their parent's estate. However, if the disinheritance resulted from undue influence by a sibling or caregiver, or if the parent lacked the mental capacity to make the decision, you may have grounds for a will contest. The key question is whether the will reflects the testator's true wishes, freely made. A pattern of estrangement alone does not give rise to a claim, but a sudden change in an estate plan at the end of life—especially when a new beneficiary had exclusive access to the testator—warrants investigation.

A pretermitted heir is a spouse or child who was unintentionally omitted from a will because the will was made before the marriage or birth. Ohio law presumes that a testator would have wanted to provide for a new spouse or child and gives these "pretermitted" heirs a share of the estate as if the testator had died without a will. However, this protection does not apply if the omission was intentional or if the testator provided for the spouse or child outside the will (such as through a trust or life insurance). If you married someone or had a child after they made their will and you were not included, you may have rights even without a will contest.

The timeline varies significantly depending on the complexity of the case and whether it settles or goes to trial. A straightforward challenge based on improper execution might resolve in a matter of months if the facts are clear. Contested cases involving undue influence or lack of capacity require extensive discovery—medical records, depositions of witnesses, and potentially expert testimony—which can take a year or more. If the case proceeds to trial and appeals follow, the process can extend for several years. The emotional toll and ongoing family conflict during this period should not be underestimated.

The relevant evidence depends on the grounds for the challenge. For capacity cases, medical records from the time the will was executed are critical, along with testimony from people who interacted with the testator around that time. For undue influence claims, evidence of the influencer's access and opportunity, the testator's vulnerability, financial records showing exploitation, and communications between the parties all become relevant. In execution cases, testimony from the witnesses who signed the will is key. An experienced probate litigator will know how to gather and present this evidence effectively.

Settlement is often the most practical outcome in will disputes. Litigation is expensive, time-consuming, and emotionally draining for everyone involved. It also depletes estate assets that would otherwise go to beneficiaries. Many will contests settle through mediation, where a neutral third party helps the parties reach a negotiated resolution. Settlement allows the parties to control the outcome rather than leaving the decision to a judge, and it often preserves family relationships better than a contested trial. That said, some cases cannot be settled—particularly where one side is unreasonable or where important principles are at stake—and trial becomes necessary.

Settlement is often the most practical outcome in will disputes. Litigation is expensive, time-consuming, and emotionally draining for everyone involved. It also depletes estate assets that would otherwise go to beneficiaries. Many will contests settle through mediation, where a neutral third party helps the parties reach a negotiated resolution. Settlement allows the parties to control the outcome rather than leaving the decision to a judge, and it often preserves family relationships better than a contested trial. That said, some cases cannot be settled—particularly where one side is unreasonable or where important principles are at stake—and trial becomes necessary.