You might wonder if a handwritten will holds up in court. In Ohio, it can, but only under specific conditions. If a handwritten will fails to meet legal standards, you may have grounds to challenge it.
What makes a handwritten will valid?
In Ohio, a handwritten will is legal if it meets all requirements of a standard will. It must be signed by the person making the will (called the testator) and witnessed by at least two competent people who saw the testator sign it. It doesn’t matter if the will is typed or written by hand—the formalities stay the same.
If a handwritten will lacks proper witnessing or includes unclear language, it opens the door for a contest. Courts focus on whether the will reflects the true intent of the testator and follows state law.
Common reasons to challenge a handwritten will
You can contest a handwritten will for the same reasons as any other will. These include lack of mental capacity, undue influence, fraud, or improper execution. If the testator wrote the will while suffering from cognitive issues, you could argue that they didn’t understand what they were doing.
Another red flag is if someone pressured the testator into writing the will a certain way. In those cases, the court looks at the relationship between the testator and the person benefiting from the will.
How courts review these cases
Ohio probate courts examine the evidence closely, and they may hear from witnesses, doctors, or handwriting experts. If the court finds the will invalid, it may use an older valid will or apply Ohio’s laws on distributing assets without a will.
Don’t ignore red flags
If something about a handwritten will feels off, such as missing witnesses, strange wording, or sudden changes, Ohio law gives you a chance to speak up. Acting within the legal time limit is key to making your case.
