It’s reasonable to assume loved ones will respect your wishes in regard to your estate planning arrangements. Since wills can be contested under even the best of circumstances, though—and by those with the best intentions—it’s wise to at least consider the possibility that some family members may be inclined to challenge the arrangements you make. Thankfully, a knowledgeable attorney can help ensure your plans will hold up in court. In the meantime, here’s what you should know about contesting wills. 

When Can a Will Be Contested?

In the state of Ohio, only certain parties may contest a will, and they may only do so under certain circumstances. Generally speaking, you may only contest a will if you have a financial stake in the estate, but the document’s terms don’t recognize as much. A spouse who was disinherited, for example, typically has grounds to contest the will.

Relatives who were included in the will but were left a much smaller inheritance than their counterparts might also have grounds to contest the document. For example, if the deceased left considerably more to one child, the other, who received a fraction of his or her sibling’s inheritance, might be able to challenge the arrangement. 

How Can You Keep Loved Ones From Contesting Your Will?

The only way to guarantee your last wishes will be carried out is by ensuring all the arrangements you make are legally binding and that their terms are relatively reasonable (or at least acceptable in a court of law). A will is only considered valid if it was executed by a legal adult of sound mind and without undue influence from others. Additionally, the document must have been signed by two disinterested and competent witnesses. 

As for the actual terms of the document, there is considerable leeway. However, there are a few protections in place for certain relatives. For example, if you disinherit your spouse, he or she can challenge the will and will most likely be awarded at least some portion of your estate (up to half, in some scenarios).

Thankfully, if you want to include any terms that might leave some parties feeling slighted—or that the court might find questionable—a strategic lawyer can help you determine how best to do so. For example, it sometimes makes sense to leave those whom you don’t actually want to include a small figure, like $1, so that they cannot argue that you forgot them, but you had intended to leave them a sizable sum.

For help with your estate planning arrangements, turn to Dennis P. Faller, Attorney at Law. Practicing out of Wapakoneta, OH, since 1979, this seasoned lawyer is proud to counsel individuals, families, and small businesses across the Auglaize, Logan, and Mercer counties. When it comes to estate planning, he can assist with everything from wills to trusts. To request a consultation, reach out online or call (419) 738-4578.