As an estate planning attorney, one of my jobs is to ensure that each client’s will is legally valid here in Ohio. A short explanation of what makes a will legal might be in order. To make a will legally valid here in Ohio, it must meet the following requirements:
AGE & CAPACITY The testator must be at least 18 years old and of sound mind.
IT MUST BE IN WRITING, Either handwritten (holographic will) or typewritten. Oral wills are not recognized in Ohio. (Sadly, whatever someone may have promised to you, even if others heard it, only carries weight with the law if it is in a written will.)
IT MUST BE SIGNED The testator must sign the will at the end of the document. If the testator is unable to sign, they may direct someone else to sign on their behalf in their presence and at their direction.
THERE MUST BE WITNESSES. The will must be witnessed by at least two competent individuals at least 18 years old and not beneficiaries under the will. The witnesses must see the testator sign the will or acknowledge their signature, and they must also sign the will in the presence of the testator.
Those are the “must haves” for a will to be legally valid. However, there are two additional points you should know:
ATTESTATION While not legally required, including an attestation clause—a statement indicating that the will was executed in compliance with the legal requirements—can help prove the validity of the will.
SELF-PROVING AFFIDAVIT While not mandatory, including a self-proving affidavit with the will is advisable. This affidavit is signed by the testator and witnesses before a notary public, affirming that the will was executed properly. The probate court can accept the will without additional witness testimony after the testator’s death by having a self-proving affidavit.
In summary, a will written on a bar napkin or spoken on a deathbed won’t get the job done. At least not in the eyes of Ohio law. If it is important that your hard-earned assets are distributed according to your wishes, you need a written will that meets all the requirements above —no ifs, ands or buts about it. If you are interested in drawing up your will, call me at 513-399-7526. I’m happy to help. Or visit my website at www.davidlefton.com