What Makes a Will Invalid in Michigan?

To be valid in Michigan, a will must be properly executed and signed by an adult person of sound mind. If the will is not properly executed under Michigan law, or if it was created under undue influence or by fraud, then a court can declare it invalid. If you believe your loved one’s will was invalid in Michigan, you can go to court to contest the will.

Valid Wills in Michigan

To make a valid will in Michigan, you must be at least 18 years old and of sound mind. If your will meets all the following conditions, it is valid in Michigan:

• The will is in writing
• The will is signed by the testator, or by a person acting under the testator’s direction and in their presence
• Two witnesses sign the will within a reasonable time of having witnessed the original signing or the testator acknowledging the will

If a will doesn’t meet these conditions, it can still be valid as a holographic will, as long as:

• The will and signature are in the testator’s handwriting
• The will is dated

A holographic will doesn’t require witnesses to be valid in Michigan.

What Makes a Will Invalid in Michigan

A will is invalid in Michigan if:

• The testator was under 18 years of age when they made the will
• The testator was not of sound mind
• Someone exercised undue influence on the testator or forged the signature on the will
• The will was executed improperly

Lack of Testamentary Capacity

Lack of testamentary capacity means that the testator did not have the mental capacity to:

• Understand that they were making their will
• Understand what assets they possessed
• Understand the consequences of their decisions

A person under age 18 does not have testamentary capacity to make a valid will. Neither does a person who is not of sound mind. A person who isn’t of sound mind can be manipulated into doing something they wouldn’t otherwise have done, like leaving all their assets to someone outside the family.

Undue Influence, Fraud, and Forgery

If a person with undue influence over the testator manipulates them into making or changing the will, the will may not be valid in Michigan. For example, if a caregiver convinces the testator to change the will and leave everything to them, the caregiver has exercised undue influence. If a person deceives the testator to ensure the will benefits them, then the will is fraudulent and invalid. A will with a forged signature is invalid in Michigan, as there is no evidence that the will reflects the testator’s wishes. Michigan probate courts will always attempt to fulfill the testator’s wishes as expressed in their will, but fraud or undue influence makes it impossible to know the testator’s true wishes.

Improperly Executed Wills

A will in Michigan is improperly executed, and therefore invalid, if:

• It is not in writing
• The testator does not sign it
• It is not signed by two witnesses and is not a holographic will

How an Estate Planning and Probate Lawyer Can Help

If you believe your loved one’s will is invalid under Michigan law, you can file a lawsuit to contest the will. If the court finds the will invalid, it may order the estate to be distributed according to intestate succession or declare a previous will to be the deceased’s valid will. An experienced estate planning and probate lawyer can examine the will, help you determine its legitimacy, and help you contest the will if necessary. Contact Bingham Legal Group PC today for help with any probate litigation issue.