What Happens if Someone Challenges a Will?

Losing a loved one is difficult, and disputes over their will can add even more stress during an already painful time. Understanding what happens when someone challenges a will can help you feel more prepared for the legal process and the potential impact on everyone involved.

Reasons Someone Might Challenge a Will

People challenge wills for different reasons. Here are some common ones:

• Lack of Mental Capacity – If someone believes the person who wrote the will (called the “testator”) was not of sound mind, they might challenge the will. This means they think the testator didn’t fully understand what they did when they made or changed the will.
• Undue Influence – Sometimes, a person feels the testator was pressured or manipulated by someone else. For example, if a family member or caregiver persuaded the testator to leave everything to them, this could be a reason for a challenge.
• Fraud – Fraud occurs if someone believes the will was created or changed based on lies or deceit. For instance, if the testator was tricked into signing the will or created a fake one, that’s fraud.
• Improper Execution – Every state has specific rules for creating a valid will. If a will doesn’t meet Michigan’s legal requirements, it may be challenged. Issues could include missing signatures, incorrect witnesses, or not following other formalities.

What Happens Next?

When a will is challenged, resolving it falls into probate court. The court looks closely at the will, the reasons for the challenge, and all available evidence. Here’s how the process typically goes:

• Filing the Challenge – The person challenging the will submits their claim to the probate court. The attorneys at Bingham Legal Group are experienced in this process and can help present a strong case.
• Gathering Evidence – The court may ask for records, statements from witnesses, or other proof to determine whether the person who made the will was of sound mind, free from pressure, and followed legal steps. Testimonies from friends, family, or professionals can be helpful here.
• Court Hearings – The court sets up hearings where each side presents its case. The goal is to determine whether the will truly reflects the person’s wishes.
• Court’s Decision – After reviewing the evidence, the court will decide if the will is valid. If not, parts or all of the will may be thrown out. In that case, the estate may be distributed based on an earlier will or Michigan’s rules for cases without a valid will.

Can You Prevent a Contested Will?

While no one can completely prevent a will contest, having a strong estate plan in place can significantly reduce the likelihood of someone challenging a will. Our attorneys can work with clients to create straightforward, legally sound wills that reduce the chances of misunderstandings or disputes later on. From thorough documentation to meeting all formal requirements, we can help make the process as smooth as possible.

Contact a Michigan Estate Planning Attorney Today

At Bingham Legal Group, we understand that challenges around wills and other estate planning tools can be difficult and emotional. Our team can guide your family through the process. If you’re dealing with a will challenge or want to make sure your estate plan is in order, we’re here to help. Contact us today to discuss your situation.