What Are the Risks If You Contest a Will and Lose?

You think something is wrong with a loved one’s Will. Maybe a sibling inherited everything after years of estrangement, or a parent’s signature looks different than you remember. You may consider a Will contest. But before taking legal action, you must understand the significant risk of challenging a Will and losing. In Ohio, if you contest a will and lose, it can mean walking away empty-handed and having to pay the estate’s legal bills for defending against the Will contest.

Key Takeaways:

• A Will contest is a formal legal challenge to the validity of a deceased person’s Will. A person cannot challenge a Will simply because they are unhappy with their inheritance. They must have standing and legal grounds to challenge a Will.
• Common reasons for challenging a Will include lack of testamentary capacity, undue influence, fraud or forgery, and improper execution.
• A no-contest clause punishes someone who unsuccessfully challenges a Will by requiring that they forfeit their claim to any share of the estate. Ohio strictly enforces no-contest clauses and does not allow an exception for a good faith Will contest.
• Challenging a Will carries significant risk, including losing your inheritance, liability for the estate’s costs in defending against the Will contest, and strain on family relationships.

What Is a Will Contest?

A Will contest is a formal legal challenge, filed in probate court, claiming that a deceased person’s Will is invalid and does not accurately reflect the deceased person’s final wishes.

A person cannot contest a Will simply because they are unhappy with their inheritance or believe they are entitled to a larger share. To challenge a Will, a person must have standing and legal grounds. Even then, you face potential consequences if you lose a Will challenge. Deciding whether to challenge a Will should not be made lightly.

Legal Standing to Challenge a Will

A person must have legal standing to challenge a Will. This means they would be directly affected by the outcome, such as a beneficiary named in a previous Will who was not included in the deceased person’s Will, or an heir who would inherit under state intestacy laws if the current Will is found to be invalid.

Grounds for a Will Challenge

Common legal justifications for challenging a Will include:

• Lack of testamentary capacity. The person making the Will (the “testator”) did not have the required mental capacity when they made the Will. For a Will to be valid in Ohio, the person making it must be able to understand:
  • What they are signing and that it distributes their property after death.
  • What they own in a general sense, such as their property and assets.
  • The names and identities of close family members and heirs who would receive property.
  • Their relationship to those family members who would receive their property.
• Undue influence. Someone manipulated, threatened, or unfairly pressured the testator into changing the Will for their benefit.
• Fraud or forgery. The testator was tricked into signing the document, did not understand that the document they signed was a Will, or their signature was forged.
• Improper execution. The Will was not signed, witnessed, or finalized according to Ohio’s legal requirements.

When Would Someone Contest a Will?

Someone with legal standing might contest a Will if they believe something about it was improper. They might believe the Will was not executed properly, that the testator lacked testamentary capacity at the time the Will was signed, or that the signature was forged. A person might contest a Will if the Will admitted to probate was revoked, or if a more recently executed Will exists that would supersede the Will admitted to probate.

What Is a No-Contest Clause in a Will?

A no-contest, or in terrorem, clause is a provision in some Wills that punishes a person who challenges a Will by requiring that they forfeit their right to any share of the estate if they lose. Since 1869, Ohio courts have consistently ruled that no-contest clauses are valid and strictly enforceable.

Many states recognize a “good faith” exception to no-contest clauses and allow a person to challenge a Will in good faith with reasonable evidence. Ohio does not. Under Ohio law, if you contest a Will and lose, you still forfeits your claim to any share of the estate, even if you acted in good faith and had reasonable evidence.

Critically, no-contest clauses only apply if a beneficiary takes an action that attacks the validity of the Will. Asking the court to interpret ambiguous language, questioning a fiduciary’s actions, or filing exceptions to an estate inventory do not trigger a no-contest clause.

What Happens If You Contest a Will and Lose?

Anyone considering challenging a Will in Ohio, especially one with a no-contest clause, must understand the potentially significant risks:

You Could Lose Your Inheritance

If you contest and will and lose, you forfeit your claim to your share of the inheritance.

You Could Bear the Legal Costs

If you lose a Will contest, you may be liable not only for your own legal expenses in bringing the case, but also for the estate’s costs in defending against the Will contest.

Strain on Family Relationships

A Will contest can place significant strain on family relationships. No one will inherit anything until the matter is decided, and probate litigation can be lengthy. Additionally, allegations of fraud, undue influence, or even lack of testamentary capacity can create suspicion and mistrust and lead to further division within the family.

Contact an Ohio Probate Attorney at Gudorf Law Group Today

Challenging a Will carries significant risks. Before taking legal action, you should consult with an experienced Ohio probate attorney to understand the potential consequences. Gudorf Law Group has decades of experience handling complex probate matters throughout Ohio and can provide valuable advice and legal guidance to help you make an informed decision after evaluating the strengths and weaknesses of your position as well as any risks.

Gudorf Law Group is located in Dayton and serves clients throughout Ohio. Contact us today to schedule a consultation to discuss your situation and how we can assist you.