A will contest involves someone taking your will to court in order to have it invalidated. This would render all of your hard work on your estate plan null, and create additional headaches and strife for your beneficiaries and family members.
Needless to say, this is a scenario you want to avoid at all costs. But how can you ensure no one will try to contest your will after your death?
Who contests wills and why?
The Legislative Service Commission examines the laws regarding will contests. In specific, they look at the reasons will contests come about in the first place. In most cases, will contests get brought up by family members who feel as though they have been unfairly left out of the will, or who are not happy with the overall will and decisions you have made in general?
Preventing a will contest
The Ohio Revised Code provides you with an option to prevent will contests from happening, however. This involves filing your will with a probate court and having it declared valid while you are alive. Make sure this is the final draft, though, or you will have to go through the process of invalidating the current will and validating the newer draft.
Even if the person contesting the will does not actually get it invalidated, it is a huge issue for your loved ones. The courts have to stop the probate process to determine if your will truly is valid before making any other moves, which takes time. Your other beneficiaries must wait for disbursements in the meantime, which often leads to legal struggles and potential financial trouble. Thus, you want to take action quickly to protect their futures and your estate plan.