Legal Question in Wills and Trusts in Ohio

Witnessing a will

Under what circumstances, if any, may a witness to a will recant or withdraw their signature as witness to a will? The witness states that he was misinformed by the attorney writing the will--that he was only witnessing a signature (made by an ''X'', by the way) and later found that he was supposedly also attesting to the ''sound mind and body'' of the ''X'' signer. This was a ''deathbed'' will also supposedly hand written by the attorney involved just before the ''X'' signing. The witness feels some deception (of him) and coercion was involved.


Asked on 3/21/05, 8:53 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Witnessing a will

It is conceivable that a witness could file an affidavit in the appropriate probate court to specifically state what he was witnessing/attesting to, but it would be a rather extraordinary situation. Said witness should notify the blood relatives so a will contest might begin.

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Answered on 3/21/05, 8:59 pm


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