Contesting a Will in Michigan: Understanding the Process

Losing a loved one is undoubtedly a challenging experience, and matters can become more complicated when disagreements arise over the validity of their will. Contesting a will in Michigan is a legal process that allows interested parties to challenge the legitimacy of a will under certain circumstances through probate litigation. In this post, the probate attorneys of Thompson Legal will explain the grounds for contesting a will and discuss considerations for the legal process involved.

Please note that this post is not exhaustive, and every situation is unique. In the event that you have questions about the specifics of your case, it’s advisable to speak with an attorney. Contact Thompson Legal to schedule a discovery call with a Michigan probate lawyer.

What Is a Will?

In Michigan, what constitutes a will is defined by the Estates and Protected Individuals Code (EPIC). A will is a testamentary instrument that serves multiple important purposes, such as appointing a personal representative, nominating a guardian for minors, and specifying the distribution assets. The person who creates the will is called the testator, and beneficiaries designated to receive property are known as devisees.

Who Can Contest a Will?

To contest a will in Michigan, an individual must have standing as an interested person in the estate. Interested persons by defined of MCL 700.1105(c) is very broad to include anyone affected by the will. Interested persons surely includes devisees, children, spouses, and intestate heirs, as well as creditors with a claim against the decedent's estate. Typically, those it also includes parties directly impacted by the will's validity, such as devisees named in the contested will, beneficiaries from previous versions, or omitted children/spouses as well. 

Grounds for Contesting a Will in Michigan

There are many different grounds under which an interested person can contest a Will’s validity. Some of the most common reasons to contest a will in Michigan include:

Lack of Testamentary Intent or Capacity

Generally in order for a will to be valid in Michigan, a testator must have sufficient mental capacity at the time it is executed. In order to have sufficient mental capacity, a testator must have the ability to understand:

• That they are providing for the disposition of their property upon their passing,

• The nature and extent of their property,

• Who their surviving heirs and devisees are, and

• The reasonable nature and effect of signing the Will.

It is important to note that a testator’s capacity is determined at the time the will is created - not at the time of their passing.

Improper Execution

A will must adhere to specific formalities as outlined under Michigan law, such as being in writing, signed by the testator or under their direction, and witnessed by two individuals within a reasonable time. In the event that a Will does not meet these standards, it can be admitted as a holographic will or a writing intended as will.

Undue Influence or Duress

A testator must be acting of their own free will. If a testator was coerced or manipulated into creating or modifying the will against their wishes, usually by someone with a confidential or fiduciary relationship, it may be contested. The testator’s wishes must be over power or impel the testator to execute the document.

Fraud or Forgery

Interested parties can also challenge a will if they believe the will is forged, or if the testator was misled about signing the document. Fraud can occur both by misrepresenting the type of document presented, as well as its legal affect.

Revocation

A will can be contested on the grounds that a later executed document rendered it invalid. A more current version of a will or codicil will take precedence.  Additionally, a testator has a duty to store their will safely. If a will cannot be found after execution, there is a possibility it will be presumed revoked.

Criminal Acts

Additionally, a party who kills, abuses, neglects, or exploits a decedent can have their portion of an estate revoked pursuant to MCL 700.2803. Note that this does not apply if the Testator affirms a party’s right to inherit after such events take place.

Legal Process for Contesting a Will

Contesting a will involves the initiation of contested probate litigation in probate court. Probate litigation often requires the filing objections with the probate court, detailing the factual and legal basis for any challenges. Litigation may also require extensive discovery or experienced witness testimony. Timing can be critical, and there may be limitations on when objections can be raised.

Since probate litigation can be complex and emotionally draining, it is recommended to seek the guidance of an experienced probate attorney. Attorneys can provide essential advice on how to navigate the probate litigation process and represent an individuals' interests effectively. By seeking legal counsel, and understanding the process, individuals can better understand and navigate this difficult situation with clarity.

If you have questions regarding contesting or will, do not hesitate to contact Thompson Legal. The probate attorneys at Thompson Legal are here to guide you through the extensive probate litigation process.

This blog is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with a probate lawyer about your case Contact Us at (734) 743-1646 to schedule a consultation.