A will can be legally challenged during probate when someone believes that the will is invalid or doesn’t reflect the true wishes of the deceased.
Probate is the process by which a court oversees the distribution of a deceased person’s estate and resolves disputes that arise over the will. If you believe a will isn’t valid, you can challenge it in probate court, but specific conditions must be met.
Grounds for challenging a will
In Ohio, several grounds exist for challenging a will.
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- Undue influence: If someone proves that the deceased was coerced or pressured into creating or changing their will, that person can challenge the will on the grounds of undue influence. This is a serious accusation and can be challenging to prove. The challenger must show that another person manipulated the decedent, resulting in a will that wasn’t the decedent’s true intent.
- Lack of testamentary capacity: To create a valid will, the person must have the mental capacity to understand the nature and effect of their actions. If evidence shows that the deceased suffered from a mental disorder or couldn’t understand the will’s provisions, someone can challenge the will based on a lack of testamentary capacity.
- Improper execution: In Ohio, the testator must sign a will in the presence of at least two witnesses.
If the will didn’t meet these requirements, the court may declare it invalid.
Time limits for challenging a will
In Ohio, you must file a will contest before the probate court closes the estate, typically within six months after the court admits the will to probate. Failing to act within this timeframe means you lose the opportunity to challenge the will.
Challenging a will can delay the probate process. Understanding the grounds for contesting a will and the time limits in Ohio helps you decide whether a legal challenge is worth pursuing.
