In the realm of estate planning, the validity of a will can sometimes come under scrutiny, leading to contentious legal disputes among beneficiaries and other interested parties. Understanding the process of contesting or defending against claims to a will is crucial if you want to be sure that your final wishes are honored and that your assets are distributed fairly.

Contesting a will involves challenging its validity on grounds such as undue influence, lack of capacity, fraud, or improper execution. There are a variety of reasons why someone may challenge a will, and it is crucial to have legal advocacy when and if this happens to you.

Contesting a Will

You can’t contest a will for a superficial reason, such as jealousy that your brother got more of your mother’s money than you did or annoyance that the family home was not gifted to you. Individuals seeking to contest a will must adhere to very specific legal procedures outlined by Michigan law. These may include filing a formal petition with the probate court, providing evidence to support their allegations.

One common challenge to a will is the allegation of undue influence. In this case, it is claimed that the person drafting the will, known as the testator, was coerced or manipulated into making certain provisions. To contest a will on grounds of undue influence, plaintiffs must demonstrate that the testator's free will was compromised.

Circumstances Where a Will Can Be Contested Legally

Claims of lack of testamentary capacity assert that the testator was not of sound mind or understanding when executing the will. Elderly people with dementia are occasionally manipulated emotionally or psychologically during the final years of their lives in order to rewrite a will to suit a specific person’s needs.

Contestants may argue that the testator lacked the mental capacity to comprehend the nature and extent of their assets, the identities of their beneficiaries, or the implications of their decisions. Proving lack of capacity often requires medical evidence and testimony from experts, which is why it is a minefield of a legal process to go through.

In defending against challenges to a will, beneficiaries and executors must present compelling evidence to refute the allegations and uphold the document's validity. This may involve providing witness testimony, medical records, or documentation of the testator's intent and decision-making process leading up to the execution of the will.

Navigating challenges to a will requires a comprehensive understanding of probate law, diligent legal representation, and strategic legal advocacy. With our expertise and commitment to protecting our clients' interests, we stand ready to assist in resolving will disputes. Contact Striegle Law and set up a free consultation to discuss your estate plan.