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Challenging a will in Michigan

On Behalf of | Sep 27, 2021 | Probate Litigation

Probate litigation is straightforward when no one at court contests a will. Michigan gives its residents the right to expose errors or flaws in a person’s will. These examinations only happen once the estate owner who wrote the will dies. Be it in the eyes of spouses or friends, your will becomes a public record once you pass. This proceeding is when people can challenge the falsities they find. You may find the need to contest a will or prepare yours due to the following issues.

It wasn’t voluntary

In some circumstances, the signatures or entire will is declared as done involuntarily. Probate litigation occurs in Michigan regardless of a will being contested. However, probate is when the will is exposed to public critiques. Whether it be due to direct threats or pressure from a spouse, the testator must create his or her will without improper influence.

It wasn’t properly written

Dates and people involved are examples of things that wind up missing from a will. How these errors occur could be intentional or not. If someone has to contest a will, however, he or she doesn’t have to provide a motive. The legibility of a will, for example, can spur debates against the qualifications of anyone who wrote it. Blatantly illegal errors are the first to be contested.

Witnesses and signatures

Signatures are required but are only valid in the presence of witnesses. The laws that guide estate owners in creating a will are a form of protection. A will that hasn’t undergone the legal process appears publicly as fake or intentionally flawed. Finding the original witnesses can aid a court in its proceedings. Likewise, witnesses help confirm that a testator is competent.

Because Michigan issues a probate hearing

The most common reason a will is contested is due to Michigan probate hearings. Your relatives and friends may not be aware of your wishes until they appear in your probate trials. This is specifically a time to hear grievances for your will is given this hearing to be challenged.