What Does It Mean to Contest a Will?

When a person dies, they are called a decedent. If they leave property behind, it must be distributed to heirs and beneficiaries according to the instructions in the decedent’s Will. Such property includes:

  • Real estate, such as land and houses
  • Personal property such as cars, furniture, and jewelry
  • Bank accounts
  • Stocks and bonds
  • Luxury and antique items

A Will must pass through the probate court, where the judge will ensure the assets are distributed accordingly. Interested parties may contest a Will in its entirety or parts of the document for various reasons. Bloomfield Hills estate planning lawyers define contesting a Will as formally challenging its validity in entirety or certain parts.

If you want to contest a Will, you must file a lawsuit to object to it legally. If the court approves the objection, it can declare it invalid. The beneficiaries will have no Will to direct the distribution of the decedent’s assets, which could subject the estate to intestacy succession laws.

Who Can Contest a Will in Michigan?

Wills attorneys in Bloomfield Hills say the following people may have legal grounds for challenging a decedent’s Will:

  • Disinherited or disadvantaged legal heirs: Family members who would inherit some property or more assets than other heirs under applicable state law can challenge the Will.
  • Disinherited or disadvantaged beneficiaries: Beneficiaries named or given a more significant portion of the estate in a prior Will or Trust contest the current Will.

What Are the Grounds for Contesting a Will in Michigan?

When filing a lawsuit to contest a Will, you must have valid legal grounds. A judge will then conduct a trial to determine the Will’s validity. Simply challenging a Will because you think the division of the assets is unfair is insufficient grounds to support your claim. Skilled Bloomfield Hills Wills lawyers provide an overview of some reasons to contest a Will legally:

Existence of a More Recent Will

It’s essential for anyone with an estate plan to keep updating it to reflect their current wishes or changing circumstances, such as the acquisition of new assets or the death of an heir. Upon creating a new Will, a testator must destroy previous Wills as they generally become invalidated.

A failure to destroy previous Wills can create confusion among family members, creating legal grounds for contesting the current Will. It’s also advisable to notify the relevant parties of the existence and location of the most up-to-date Will to reduce the chances of submitting an invalid Will after your demise.

Errors in Execution

Michigan laws require that a valid Will meet the following conditions:

  • Be written by a mentally-sound person over 18 years (testator)
  • Be signed by the testator or someone else in the testator’s name and discretion
  • Be signed by two adult witnesses in the presence of each other and the testator

You can challenge a Will if you have proof that it was not properly witnessed, is unsigned, or has various technical flaws. Skilled Wills attorneys in Bloomfield Hills can evaluate the Will for these factors.

Lack of Testamentary Capacity

A testator must legally be capable of creating a Will, and you can challenge a Will based on the lack of testamentary capacity. For example, minors under 18 lack the testamentary capacity to make a Will. Most people who contest a Will on these grounds usually do so, citing Alzheimer’s or another form of dementia, mental illness, or being under the influence of drugs.

For your petition to contest a Will based on a lack of testamentary capacity to be successful. You must demonstrate that the testator didn’t understand the consequences of creating the Will. Legally, a testator must understand:

  • The nature and extent of their property
  • The Will provides for the disposition of their property after their demise
  • The close relatives that should ordinarily inherit from them
  • The effect of signing a Will

Proving these issues can be challenging, but skilled Wills lawyers in Bloomfield Hills can help you navigate the nuances.

Undue Influence

Undue influence is one of the most common reasons for contesting a Will, but it can be challenging to prove. It refers to the influence that destroys the testator’s free Will and instead prioritizes the influencer’s wishes.

Where a Will was created under undue influence, the influencer is usually a person in a position of trust or some authority regarding the testator, such as their caregiver. The testator is often weak, frail, vulnerable, and sometimes dependent on the influencer. While the testator may have diminished capacity, they must still have testamentary capacity to be unduly influenced.

Undue influence occurs when the influencer threatens or flatters the testator into creating a Will that favors the influencer. The influencer takes an active role in creating the Will and may isolate the testator from family members or close friends.

A Skilled Estate Planning Attorney Providing Legal Guidance on Contesting a Will

Contesting a Will is a legal procedure based on legal grounds. If the petition is successful, the court may disallow the contested part of the Will while leaving the others intact or invalidate the entire Will. Given the complexity of proving why a court should invalidate a Will, it is crucial to work closely with experienced estate planning lawyers in Bloomfield Hills.

Kendal Law Group, PC., is a top-notch estate planning law firm with dedicated Wills lawyers in Bloomfield Hills. We can evaluate the circumstances surrounding the contested Will and provide legal insights on the legal action to pursue. Our team believes in fighting for the interests of our clients, and we can help you, too. Call us at 248-609-1718 to schedule a FREE case evaluation.