Did Dementia Affect Your Loved One’s Will?

Dementia, Wills, and What the Law Allows in Ohio

It’s one of the hardest things a family can face: losing a loved one, only to be left wondering if their final wishes were truly their own. When a parent or relative creates or changes a will while battling dementia or cognitive decline, doubts often linger. Did they really understand what they were signing? Or were they confused, influenced, or manipulated?

In Ohio, the law allows families to challenge a will when mental capacity is questioned, but the path isn’t always easy. Given our decades of experience in helping families in Ohio, we know how to handle these sensitive situations with the care and legal clarity they deserve.

Let’s walk through what it means to contest a will due to dementia or lack of testamentary capacity and what you should know if you’re considering taking that step.

Sound Mind, or Something Less?

Under Ohio law, someone making a will must have testamentary capacity. This is a legal way of saying they must be of “sound mind” at the time they sign the will. That doesn’t mean perfect memory or total clarity; it’s a basic threshold but a vital one.

To have testamentary capacity, the person must be able to:

• Understand they are making a will,
• Know generally what they own,
• Recognize their closest family members (even if they don’t name them in the will), and
• Grasp how the will distributes its assets.

Dementia Doesn’t Automatically Void a Will… But It Can

This is where things get complicated. A diagnosis of dementia alone doesn’t mean someone lacked capacity. Many people with early-stage Alzheimer’s or mild cognitive issues still experience moments of clarity. If they signed the will during one of those “lucid intervals,” it could hold up in court.

But if your loved one didn’t recognize family, was severely disoriented, or couldn’t understand the basic purpose of the will, that’s a very different story.

Timing is everything. The law focuses on the person’s mental state at the moment the will was signed. So, even if the decline was gradual, signs of confusion around that specific day could become powerful evidence.

Red Flags That Raise Eyebrows

Every family knows their loved one’s habits and when something feels wrong.

Here are some of the warning signs we often see when a will may have been signed under questionable mental conditions:

1. They didn’t understand the will or thought they were signing something else.
2. They couldn’t remember or identify close family members.
3. They gave away property to strangers or distant acquaintances without a clear explanation.
4. The will will drastically change long-standing estate plans without warning.
5. They didn’t grasp how much money or property they had.
6. A caregiver, neighbor, or relative suddenly appeared to control everything.

What to Expect In This Situation

So what happens if you believe your loved one couldn’t make that will?

The first step is to file a formal will contest in probate court. But you must act quickly: Ohio law only gives you three months from the date you’re notified that the will has been accepted into probate. That’s not much time to get your facts in order, especially when emotions are still raw.

You’ll need to show that your loved one lacked capacity at the time the will was signed. That means gathering real, concrete evidence, like:

• Medical records showing advanced dementia or confusion,
• Statements from caregivers, doctors, or attorneys present at the time,
• Proof of bizarre or inconsistent behavior around the signing date,
• Older wills or letters showing what they used to want,
• Testimony from friends or family about their mental decline.

What Happens If You Win?

If the court agrees that the person lacked capacity, the will is thrown out legally; it’s as if it never existed.

Then what?

That depends on whether your loved one had a previous will. If so, the court may reinstate that one. If not, the estate will be divided according to Ohio’s intestacy laws, which follow a hierarchy of heirs (typically spouse and children first).

For many families, that outcome feels more fair, especially if the contested will gave everything to one person or seemed clearly out of character.

The Stakes Are High. So Is the Emotion.

Challenging a will is never easy. It can strain family relationships, take time, and involve uncomfortable truths. But for many, it’s about doing what’s right legally and morally.

We’ve handled some of Ohio’s most sensitive and high-value probate disputes. We recognize the emotional weight that comes with these cases. And we know how to build strong, respectful legal strategies that protect your loved one’s legacy and your family’s future.

If you believe a loved one’s will was signed during a period of confusion, dementia, or incapacity, don’t wait. The clock is ticking, and evidence can fade quickly.

Sometimes, doing the hard thing is the right thing. We’re here to help you through it.

Contact Heban, Murphree & Lewandowski, LLC for a confidential consultation. We’ll help you understand your options, evaluate the strength of your case, and guide you forward with compassion and clarity.