When a loved one passes away, the last thing anyone wants is to question the validity of their will. But sometimes, circumstances raise legitimate concerns about whether a will truly reflects the deceased’s wishes.

If you’re an heir or beneficiary, knowing the warning signs can help you determine whether legal action may be necessary. Here are the key red flags that a will might be invalid:

Red Flag #1: The Will Wasn’t Properly Executed

In Ohio, a valid will must be signed by the testator (the person making the will) and witnessed by two competent individuals. If the will lacks proper signatures, wasn’t witnessed correctly, or doesn’t meet Ohio’s legal requirements, it may be invalid. Even small technical errors can have big consequences.

Red Flag #2: The Testator Lacked Mental Capacity

For a will to be valid, the person creating it must understand what they’re doing. This means they need to know what assets they own, who their heirs are, and how their will distributes those assets. If your loved one suffered from dementia, Alzheimer’s, or another condition affecting their mental capacity at the time the will was signed, it could be grounds for a contest.

Red Flag #3: There Are Signs of Undue Influence

Undue influence occurs when someone pressures or manipulates the testator into changing their will to benefit that person. Common warning signs include sudden, unexplained changes to the will that favor one person, isolation of the testator from other family members, or a new caregiver or companion receiving a disproportionate share of the estate.

Red Flag #4: The Will Was Created Under Duress or Fraud

If someone threatened, coerced, or deceived your loved one into signing a will, it’s not valid. Duress might involve threats of harm or abandonment. Fraud could include misleading the testator about what they were signing or lying about the circumstances to manipulate the outcome.

Red Flag #5: Multiple Versions Exist With Conflicting Terms

Finding several versions of a will with different instructions can create confusion and disputes. The most recent valid will typically controls, but if there are questions about whether later versions were properly executed or created under suspicious circumstances, earlier versions might prevail.

Red Flag #6: Dramatic Last-Minute Changes

When someone makes significant changes to their estate plan shortly before death—especially after a decline in health—it raises questions. While people have the right to change their wills at any time, sudden changes that don’t align with the person’s long-standing wishes deserve scrutiny.

What to Do If You Spot Red Flags

If you have concerns about a will’s validity, don’t wait. Ohio law has strict deadlines for contesting a will. An experienced probate attorney can review the circumstances and help you understand your options. Contact James Bart Leonardi, LLC at (844) 883-8550 to discuss your concerns and protect your rights.