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When might a family member need to contest a will in Michigan?

On Behalf of | Feb 5, 2025 | Probate

When an individual outlines their final wishes regarding the distribution of their assets, the hope is family members will respect these wishes. However, situations can arise where one or more family members feel that a particular will is not a valid document they can trust.

In such situations, these family members may wonder if they can challenge the validity of that will. Naturally, Michigan as a state strives to uphold an individual’s wishes as expressed in their will. However, there are circumstances in which a family member may have legitimate grounds to contest a will.

Legal standing to contest a will

A number of individuals who had a connection with the deceased person can have the legal standing to contest the will. Family members can obviously contest a will because they would have inheritance rights to the deceased’s estate even if there was no will. Any beneficiaries named in the will can also contest the will if they have legitimate grounds for such an undertaking.

Grounds for contesting a will in Michigan

Individuals with legal standing can contest a will if they believe the deceased was not of sound mind when they were establishing their last wishes. In this case, the person contesting a will will need irrefutable medical evidence to show the testator did not understand:

  • The nature of their assets
  • The beneficiaries of the will
  • The legal effect of signing the document

A will’s validity can also be questioned if some family members have valid reasons to believe the deceased was unduly influenced when creating the will. A will may be invalidated if there’s proof that the deceased was pressured, manipulated or coerced into leaving assets to certain individuals. The burden of proof lies on the contestant to show that the testator’s free will was overridden.

It’s not common for some wills to be created under fraudulent circumstances. If a family member can demonstrate that their loved one was tricked into signing their will under false pretenses, the will may be voided.

Questioning the validity of a will might not be an easy undertaking, but sometimes, it’s an option worth exploring. When a family member has concrete evidence to demonstrate the invalidity of a document, it’s only right to bring the matter to light. With dedicated legal support, family members can work to honor their loved one’s true intentions and help ensure justice is served.

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