What Makes a Will Legally Binding in Ohio?
In Ohio, there are strict criteria to make a Will valid. If these requirements are not met, the document may not hold up in court when it is needed most.
The Three Criteria for a Valid Will
According to Ohio law, three conditions must be met:
Written: The Will must be written.
Signed: It must be signed by the maker.
Witnessed: It must be witnessed by two (2) witnesses who are not named in the Will as a beneficiary or Executor.
The Exception: There is an exception to the witness rule if the lawyer who drafted and witnessed the Will is a child of the maker.
The “Unspoiled” Requirement
Additionally, the Will must be ‘unspoiled’.
If you have written notes or changes on the Will, it is no longer valid.
If you have ripped or otherwise damaged the Will, it is no longer valid.
Can You Probate a Copy of a Will?
In Ohio, the law changed in recent years regarding copies. You can now ‘probate’ a copy of the Will, but only under specific conditions.
You must obtain Affidavits from the witnesses stating that:
The Will is valid.
The maker of the Will had testamentary capacity to create the Will.
Seek Experienced Counsel
Seek experienced counsel in making a Will. It is too late to fix it when it is needed.