Legal Grounds for Contesting a Will: What You Need to Know

Families often picture probate as a simple paperwork task, only to have a dispute over a will drop in like a summer storm.

Questions start flying: “Did Mom really understand the document?” “Why is my brother’s friend listed as the main heir?” At Bassett Murray Law Group, PLLC, we have seen how these worries can pull relatives apart during an already painful episode.

Our goal today is to walk you through the lawful reasons you may challenge a Michigan will and to share how we can support you.

What Does it Mean to Contest a Will?

Contesting a will means filing a formal objection in the probate court that the document, or certain parts of it, are not valid under Michigan law.

You may attack the entire will or target a single clause, like the section naming a personal representative. The court can strike the flawed parts, accept an earlier will, or toss out the document altogether.

If the entire will falls, the estate passes under Michigan intestacy rules. Those statutes give priority to spouses, children, and other blood relatives, so the result might look very different from what the document describes.

Below is a quick glance at possible outcomes once an objection lands in court.

• The judge upholds the will in full, and probate moves forward.
• The judge removes only the disputed clause but lets the rest stand.
• The judge sets aside this will and revives a prior version that meets all legal steps.
• No valid will remains, so intestacy supplies the distribution plan.

Who Has the Right to Contest a Will in Michigan?

You must fit the label “interested person” to pursue a challenge. That term covers anyone who gains or loses property if the objection succeeds.

Typical groups include devisees named in the current will, heirs who would inherit if there were no will, a current or former spouse, and sometimes a creditor with an unpaid claim.

Michigan’s Estates and Protected Individuals Code also addresses “no contest” clauses. The statute says a penalty clause will not apply when the contestant had probable cause to sue. In short, good-faith objections are not punished.

Ask yourself three quick questions before filing:

1. Will I receive more, or avoid a loss, if the will changes?
2. Can I obtain written proof or witness testimony?
3. Have I acted within the probate deadlines set by the court?

If the answer to each is yes, you likely have standing.

Reasons to Challenge a Will in Michigan

Michigan recognizes a short list of legal grounds for attack. Each ground focuses on the moment the testator signed the document, not what happened years later. Let’s look at the most common claims.

Lack of Testamentary Capacity

The maker must be at least 18 and of sound mind. Sound mind, under Michigan case law, means the person understood four facts at signing time: the act of leaving property at death, the nature of that property, the relatives who would normally inherit, and the effect of the signature.

Memory loss from dementia, a traumatic brain injury, or a late-stage illness can derail capacity. Medical records, caregiver journals, and even voicemail messages can help build the timeline.

Improper Execution

A Michigan will must be in writing, signed by the testator or by another person in the testator’s conscious presence and direction, then witnessed by two people who also sign within a reasonable span.

A codicil follows the same steps. Handwritten (holographic) wills skip the witness piece, yet they must be dated and entirely in the testator’s handwriting.

Small missteps can doom a document. For instance, signing a witness’s signature the next day while the testator lies in a different room constitutes a defect. A clear timeline of signatures often determines the outcome of the case.

Undue Influence or Duress

Influence crosses the line when it overpowers free will. Common red flags include isolating an elderly person, controlling bank cards and accounts, or threatening to cut off care unless the will is changed.

Michigan courts look for evidence of opportunity, a confidential relationship, and a benefit flowing to the influencer.

Fraud or Forgery

If the testator signed while being tricked about the contents, or if someone forged a signature, the will becomes invalid once the fraud is discovered. A handwriting analyst, bank video footage, or email trails may provide the missing puzzle pieces.

Revocation

A later valid will or codicil cancels an older one. Sometimes relatives discover two documents dated years apart in the same desk drawer. In that case, the more recent paper, if correctly executed, controls the estate. The earlier version becomes fuel for a challenge.

The Will Contest Process in Michigan

Once you decide to move ahead, you file a written objection with the probate court handling the estate.

The court sets a hearing schedule and, when needed, a bench trial. During the case, the contestant bears the burden of proof for every claimed defect.

Deadlines matter. A petition filed after the court issues a final order of testacy faces a tight 21-day appeal window. Acting fast preserves your options and prevents the estate from moving assets out of reach.

Ready to Challenge a Will in Michigan? We’re Here to Help

Will contests mix legal rules with family history, and emotions can run high. At Bassett Murray Law Group, PLLC, we bring over 30 years of probate courtroom experience across Michigan to help you through it.

Whether you’re contesting a will or protecting a loved one’s wishes, we guide you through each step with clarity and care. From quick document reviews to settlement talks, we’re here with steady focus.

Let’s talk it through, one short call can save months of stress. Reach us at 734-930-9200 or visit our website to schedule a conversation. We’re invested in improving lives and ready to help.