How to Create and Revoke an Ohio Last Will & Testament

General Requirements of a Last Will & Testament (ORC 2107.03)

Some Ohio attorneys refer to the “SWEPT” requirements that are necessary in order to create a will.

1. S:  Signed by the Testator
2. W:  Witnesses that saw the testator sign OR in the testator’s conscious presence and at the testator’s express direction.
3. E:  Signed at the END of the will by the testator in front of the witnesses.
4. P:  Published (i.e., this is my will)
5. T:  Two competent witnesses.  The witnesses just need to know it is a will they are signing and sign the will in front of the testator.  You can bequest to a witness if there are more than two witnesses (ORC 2107.15).

Note: The Last Will & Testament does not need to be notarized in Ohio.

Revoking or Changing a Will (ORC 2107.33)

1. Tearing, canceling, obliterating, or destroying the will with the intent to revoke it.
2. Ordering someone else to tear, cancel, obliterate, or destroy the will in front of the testator
3. Having someone else tear, cancel, obliterate, or destroy the will according to the testator’s written instructions
4. Making a new will that revokes the old one, or
5. Making another writing that says it revokes the old will following the same formalities the testator used to make the original will.  (ORC 3107.33)