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When writing a will or making changes to an existing one, be as clear as possible in both your plans and your wording. After all, the document is a component of the legacy you leave your loved ones. Leaving even a small amount of room for misinterpretation can lead to lengthy legal battles and divisive rifts among your loved ones. To understand this complex subject, below is an overview to contesting one.

How to Contest a Will

Only a person who has a financial interest in the estate of a deceased person can legally contest the document. For instance, a direct, logical next of kin who was omitted from the testament has valid grounds to file a formal challenge. The process is outlined and defined in relevant statutes in the Ohio Revised Code and local Probate Court rules and guidelines

The first step in that process is to file a civil lawsuit in the probate court of the county where the estate is being handled. In essence, the claimant is suing the estate to obtain a portion of its value. Then, they must inform the estate executor, other beneficiaries, and the state attorney general of the lawsuit. They can request a jury trial, but they must provide proof at trial that supports their position that the will is somehow invalid. In other words, they cannot challenge it simply because they dislike its terms.

Common Reasons Wills Are Contested

willThere are several reasons someone might contest the document, but they all center on some error or legal violation. Common reasons include a testator who was not of sound mind and body when writing or signing it; a will that does not comply with legal guidelines; a testator who was influenced by others when writing the terms; and a will that was procured via fraudulent means, such as tricking the testator into signing the document by pretending it was something else.

How to Avoid Contestation

To avoid a challenge, be as detailed as you can when writing the terms. Include reasons for all your choices. Have someone record you and your witnesses signing the document. Consider incorporating a no-contest clause, which basically states that if anyone included in the will contests it and loses, they receive nothing from the estate.

 

Ensuring that a will is legal and valid helps you avoid challenges later on, which is where an attorney's help is invaluable. Michael A. Newland Esquire has been serving Butler County, OH, clients for over 20 years. Attorney Newland offers representation as a criminal attorney, and family lawyer as well.. Call (513) 887-9595 or visit the website to learn how to make a will that is ironclad and protects your legacy.

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