Contesting a Will: The Process and the Challenges Involved

Many family conflicts arise from uncertainties regarding inheritance or a lack of clarity regarding the decedent’s Will or trust. Sometimes, adult children don’t get the inheritance they expect or disagree with the delegation of power of attorney. In such cases, contesting the Will is an option but not one a person should treat lightly.

Successfully contesting a Will requires solid evidence, and attempting this feat without an estate attorney’s assistance is extremely difficult. With an understanding of the Will contest process, you’ll be better prepared to take this course of action, ideally with the help of a Cincinnati estate or probate attorney.

When Would You Contest a Will?

To contest a Will, you must file a petition with the court to invalidate the Will and distribute the deceased person’s (i.e., decedent’s) assets differently than what the document outlines. Central to your case is proving that the decedent improperly drafted or executed the terms of the Will.

A person may contest a Will for various reasons:

• The children received unequal shares of the estate.
• The decedent disinherited a spouse, child, or other family member in favor of another individual or entity.
• The decedent unexpectedly or suddenly changed their Will.
• The decedent outlined an excessive number of conditions for receiving an inheritance.

For a survivor, these reasons may trigger red-flag warnings of the decedent’s lack of mental capacity. They may also signal someone’s undue influence on their decision-making. Regardless of the reasons or factors, the fundamental issue is the decedent’s true intentions when they drafted the Will.

The state of Ohio outlines the following grounds for contesting a Will created and signed in the state:

• Fraud: Someone misled the decedent in some way when they signed the Will.
• Lack of due execution: The Will wasn’t signed or witnessed correctly. .
• Lack of testamentary capacity: The decedent wasn’t of sound mind when they created or signed the Will.
• Undue influence: Another person exerted unwarranted influence over the decedent when they signed the Will.

How to Contest a Will

If you’re a potential heir or interested party and believe any of the above conditions apply, you may choose to contest the Will. Your first step is petitioning the court where the Will was filed to challenge its validity. A Will or trust attorney in Cincinnati can do this on your behalf, ensuring the complaint is filed within the deadline.

Next, the executor of the Will is served a copy of the complaint, typically through a summons. Then, both the executor and complainant can present their evidence of the Will’s validity or lack thereof. The Will contest can take from a few months to several years, depending on the evidence presented, circumstances of the Will, and arguments either side’s attorney brings to the court.

Get An Attorney’s Help in Contesting a Will

It can be frustrating when the terms of a Will don’t seem legitimate. Contesting the Will can be challenging, even with legal representation. However, an estate planning attorney near you can guide you through the process, answer your questions, and help you provide the most compelling evidence for your case. Contact Donnellon, Donnellon & Miller today to learn more about contesting a Will and understand your options.