If a loved one passes away, it is important that their wishes are followed. If you are a beneficiary and you believe your loved one’s will is incorrect, unfair, or invalid, you may want to contest it. Read on to learn more about why you would contest a will and how you can go about doing so in Michigan. Read on to learn more.
What makes a will valid in Michigan?
A will is one of the most important legal documents you can create. As a result, it must meet certain requirements to be considered valid. In Michigan, these requirements include:
- The testator must be at least 18 years old and of “sound mind and memory”
- The testator must either sign the will themselves or another person must sign the testator’s name at their direction and in their presence
- At least two people must witness the signature and sign their names on the will within 30 days of each other
- At some point during the will’s execution and attestation, the testator must tell each witness that the document is their will
Reasons to contest a will:
You may want to contest a will for a variety of reasons. A person can contest a will if he or she finds that there is an issue with the validity of the will. Another reason is that the beneficiary feels they did not get a fair share, etc. However, not anyone can contest a will. A will can be contested by the executor of the will, any heirs, spouses, creditors, or anyone else with a property right or claim against the estate.
Why would a will be found invalid?
Some of the most common reasons a will may be found invalid include:
- Evidence that fraud or forgery took place
- It was created under the influence of another party
- If the deceased was not mentally competent when writing the will
- If the will was not executed properly
What happens if the will is found invalid?
If a court finds the will invalid, they will divert to a backup will. However, if there is no other will, the deceased individual’s assets will be passed on through the Michigan succession plan.
If you have any questions or concerns about contesting a will in Michigan, contact our firm today.
Contact Our Michigan Firm
If you need a seasoned firm to help you with any divorce, family, or estate-related matter, please do not hesitate to contact Collis, Griffor & Hendra today to schedule a consultation.