When someone passes away, their will should clearly show how they want to share their belongings. Sometimes, though, you may wonder whether the will used in the probate process actually was what your loved one wanted.
Thankfully, it is possible to challenge a will in some circumstances. Why might you contest a will?
1. Lack of testamentary capacity
To make a valid will, the person (called the testator) must be mentally capable. This means they understand they are making a will, know what they own and recognize their family members who should inherit. If the person was very sick, had dementia or was heavily medicated and couldn’t understand these things, the will might not be valid.
2. Undue influence
Undue influence occurs when someone forces or heavily persuades the testator to write their will in a way they would not have otherwise. This could be through threats, manipulation or taking advantage of someone who is weak. Proving undue influence often requires significant evidence that someone pushed the testator into making the will.
3. Improper Execution
Michigan law has strict rules on how to properly sign a will. There are three types of valid wills:
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- A handwritten will, which needs a date and signature.
- A formal will, which is typed, signed, and must be witnessed by at least two people who are not beneficiaries of the will
- A statutory will, which is a simple form with limited choices
If the testator does not meet these legal requirements when making their will, the will may not be valid.
4. Fraud or forgery
Fraud happens when someone tricks the testator into signing a will or changing it by lying to them. Forgery is when someone changes or makes a fake will without permission. If you can show that the will does not really show what the testator wanted because of these actions, you can challenge it.
5. The existence of a more recent will
It is not uncommon for a person to change their mind about the decisions in their will as circumstances change. This can lead to the creation of a new will that updates or completely changes the previous instructions and revokes the previous document. If the probate process began using an older will but an updated document exists, contesting the will can ensure that the court uses the correct document.
Understanding these grounds for contesting a will in Michigan can give beneficiaries the knowledge they need to challenge a will that may not truly reflect the wishes of their loved one.
