Execution of Last Will and Testament While Under Guardianship

Meek v. Cowman, Washington App. No. 07CA31, 2008-Ohio-1123. An incompetent individual under court imposed guardianship executed a will during the period of guardianship and incompetency. The court held that a will may be executed under those circumstances but in proceedings to challenge the will there is a presumption that the Will is invalid. However, evidence can be produced to rebut this presumption and demonstrate that a person had sound mind and memory to make a Will at the time of its execution and thereby rebut the claim that will is invalid.