Contesting a will is a legal proceeding where the validity of the will is challenged by interested persons. While a decision to take this measure can be highly emotional, Michigan law requires certain criteria to exist in order to successfully contest a will.

In the course of such legal proceedings, the interested party needs to demonstrate either that the document does not represent actual intentions of the decedent or that it was not valid due to various reasons. Courts tend to accept the existence of such documents as long as the challenge is not presented, but once it is, the burden of proof lies with the person filing the case.

There are multiple reasons why a will could be contested. First, lack of mental capacity is considered one of the key elements here as the document could have been signed by the decedent while he or she was not in good mental health. For instance, it could have affected the ability of the person to understand his or her possessions and the beneficiaries, thus rendering the document invalid.

Undue influence is another element here. This happens if the document was altered by applying pressure or exerting other influence on the creator of the document. This is particularly common in case of a vulnerable individual who can be easily influenced. Other possible causes for contesting a will include fraud, forgery, etc. Also, the document itself needs to have legal validity for a reason; otherwise, it cannot be recognized.

There are limitations as to the persons who can contest a will. Interested parties in Michigan can only be the ones who can receive property in case of successful litigation. Usually, they are the beneficiaries of the existing document, previous versions of the will, or heirs of the person.

Proceedings to challenge a will require careful planning and adherence to the rules in place. In order to file a case, one needs to contact a probate court and submit all required evidence to substantiate the claim. Then, it will depend on the particular circumstances what else should be done; however, any deadlines need to be observed.

Also, the individual needs to understand all risks of such actions. Firstly, the procedure of contesting a will might slow down other processes, lead to increased expenses, and even cause disputes among relatives of the decedent. Moreover, in many cases wills contain provisions which prevent challenging as a penalty measure. Beneficiaries’ inheritance can be significantly reduced because of such actions.

If you want to contest a will and are wondering how to do this successfully, it is wise to seek legal advice. Our law office assists clients in Traverse City and Northern Michigan in filing cases and representing their interests in court. Contact us if you want to challenge a will or learn more about the legal possibilities you have.

While there are plenty of disagreements regarding wills which do not require such measures, there are those that need them to protect yourself and your loved ones from unfair decisions.