Will Execution
To validly execute a will in Ohio, a person (Testator), at the time of execution, must be able to:
- Understand that he or she is making a will to dispose all her property at death
- Comprehend generally the nature and extent of her property
- Remember the names and identities of those who are naturally related to her or to him and can make claims to her or his property
- Appreciate relationship to the members of her family
In order to execute a will a person must be at least 18 years old, of sound mind, and not under restrain. To be validly executed in Ohio, a will must be
- In writing (handwritten or typed)
- Signed
- At the end
- By Testator or by another in Testator’s presence and at Testator’s direction
- Witnessed
- In the Testator’s presence
- By two or more competent witnesses
- Who saw Testator sign the will, or heard Testator acknowledge Testator’s signature on it.
Will Revocation
There are three ways to revoke a will in Ohio:
- you can execute new will;
- you can destroy a will by tearing, canceling or destroying
- it is automatically not valid after a divorce
What if?
-
If one crosses out his signature on his will with X or cut it out with the scissors, the will is revoked.
-
If
one writes in the margins at the top of the first page of the valid
will “VOID. REVOKED. “ and then signs it, the will is not revoked .
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If one writes VOID across the words of the will, then it is revoked.
-
If
Peter executed a will, which included a gift of $30,000 to Lena, and
later he crosses out $30,000 and directly above it wrote $15,000 and
initialed it. Lena will take $30,000 because the correction does not have any effect.
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