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:
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Written: The Will must be written.
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Signed: It must be signed by the maker.
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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’.
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If you have written notes or changes on the Will, it is no longer valid.
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If you have ripped or otherwise damaged the Will, it is no longer valid.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:
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The Will is valid.
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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.