If issues arise with a will, a beneficiary may want to contest it. If you are in this situation, it is in your best interest to retain the services of a skilled estate planning attorney as soon as possible. Our firm is equipped with the knowledge and experience required to ensure that you and your future are protected.
Why should I contest a will?
There are a number of reasons why an individual may attempt to contest a will. A person may contest a will if he or she believes there is an issue with the validity of the will, they did not get a fair share, etc. 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. Below are the reasons a will would be found invalid:
- If 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
- If fraud or forgery took place
What makes a will valid?
There are many components that make a will valid. A valid will abides by the following guidelines:
- 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
- The testator must be at least 18 years old and of “sound mind and memory”
- At some point during the will’s execution and attestation, the testator must tell each witness that the document is their will
What if the will is invalid?
If a court determines that a will is invalid, it will likely be thrown out. In the event that there is no other will, the deceased individual’s assets will be passed on through the Michigan succession plan.
If you are looking to contest a will, it is in your best interest to reach out to our experienced firm today. Our legal team recognizes that after the passing of a loved one, litigation is likely the last thing you would like to deal with. Our attorneys are dedicated to ensuring that your estate planning needs are taken care of.
Contact our Firm
Sometimes, divorce, family, and estate matters are difficult to navigate. Fortunately, they do not have to be with the assistance of a compassionate, knowledgeable attorney who is willing to guide you every step of the way. 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.
