After someone passes, the last thing their loved ones would want to do is handle a dispute over the will. Unfortunately, it happens more often than you think.
Will contests frequently delay the probate process, which also means it takes longer for the surviving family to fulfill their loved one’s last wishes. Moreover, these disputes can strain family relationships and add even more financial obligations to the estate.
If your family is experiencing this situation right now, this information can help you navigate the process with more clarity.
Who can contest a will?
Not everyone has the legal right to contest a will. Generally, those who can challenge a will usually only include individuals or entities with a direct interest in the estate such as:
- Beneficiaries in the current or previous will
- Family members who would inherit if there was no will, according to Michigan intestacy laws
- Disinherited children
- Spouses
- Creditors
If someone contests your loved one’s will, the first thing to do is to check if they have the right to do so. Sometimes, persons who seem to have a stake in the estate cannot legally challenge the will.
Why might someone contest a will?
It’s important to note that having the right to contest doesn’t guarantee success. The contestant must have valid legal grounds and sufficient evidence to support their claim.
Some common reasons for contesting a will include:
- Lack of testamentary capacity
- Undue influence
- Fraud or forgery
- Improper execution
A probate attorney can help determine if the reason for the will contest is valid. They can also enforce a no-contest clause if there is one, which might lead to the contestant’s disinheritance or a reduction in their share.
What does the will contest process look like?
Say a person successfully contests the will on valid grounds. What are the next steps?
Typically, your party would have to prepare a formal response to the objection. Then, you must collect evidence to support the will’s validity. This might include witness statements, supporting documents and financial records, depending on the grounds for contest.
It is possible to settle the matter through negotiation, but if this is unsuccessful, the case may go to trial.
A will dispute should not hinder your family’s grieving process. Whatever the situation may be, arming yourself with information can help you get through this difficult time.