When people write their wills, they may not think about contestation. However, courts can overturn wills when individuals bring up questions about their legitimacy.
There are several grounds on which a person may contest a will in Ohio.
1. Incapacity
One primary ground for contesting a will is the alleged lack of mental capacity of the testator when he or she made the will. Such lack of capacity could result from conditions such as dementia or mental illness that call their decisions into question. Wills created by individuals who were not of sound mind are not legitimate since the courts cannot know that the writers would make the same decisions in the absence of potential mental barriers.
2. Undue influence
Undue influence occurs when an individual exerts pressure on or otherwise manipulates the testator into making decisions that may not align with his or her true wishes. Threats and harassment are undue influence. Purposefully persuading an individual who may not be of fully sound mind to change his or her will is also undue influence.
3. Faulty or false document
If there is suspicion that a will is a forgery or fraud, there is reason to contest it. Wills that do not adhere to the law when it comes to writing and signing procedures are also subject to scrutiny.
According to PlannedGiving.com, 35% of American adults claim they or others they know were subject to family conflict because of a lack of a will or estate plan. Wills are important for ensuring loved ones’ care after decease and the carrying out of individuals’ last wishes, including the proper distribution of their assets. However, there exists the possibility of will contestation. Proper estate planning can help prevent or lower the likelihood of a successful contestation occurring.
