A will is one of the most important documents you can create. However, in order to be beneficial to you and your loved ones, it will need to be considered valid in a court of law. Creating an invalid will can lead to a lot of legal trouble down the line and can make things more difficult for your loved ones during what should be a time of mourning. Read on to learn more about how to create a valid will in Michigan.
What makes a will valid in Michigan?
In order for a will to be considered valid, it must meet the following requirements:
- 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
What if a will is found invalid?
A Michigan court will throw the will out if it is deemed invalid. If there is no other will, the deceased individual’s assets will be passed on through the Michigan succession plan.
Reasons to contest a will:
If you suspect a will is invalid, you may wish to contest the will. A person can contest a will if he or she finds that there is an issue with the validity of the 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. Some of the most common ways a will can be found invalid:
- In the event that fraud or forgery took place
- 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 you believe a will is invalid, you will need the help of an experienced attorney to prove your claim. Additionally, you will need an experienced attorney to ensure that you create a valid will. Reach out to our firm to discuss your options.
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.
