A will is a document that describes how someone wants their property to be distributed when they die. But as you might be familiar with, family members are sometimes surprised or disappointed by what they receive in a will.
It is possible to challenge a will, although the process is legally complicated and may cause distress within the family. Anyone involved in a will contest needs a skilled and experienced wills attorney, and you can find the best at The Probate Pro. Contact one of our Royal Oak will contest lawyers for help—we are well-known in the field of probate and related litigation, and you will be glad you called us.
The person who writes a will is called the testator, and a will does not take affect until the testator dies. For this reason, an heir who knows that they have been disinherited or will not receive as much as they had hoped, cannot bring a legal challenge to a will until the testator is deceased.
A person who intends to challenge a will should contact a Royal Oak attorney at The Probate Pro as soon as possible after the testator’s death. The estate’s personal representative must submit a will for probate, and establishing the validity of a will is part of the probate process.
Contesting a will is handled most efficiently when it is clear from the beginning that someone objects to the will. Our skilled professionals can manage either side of a wills dispute and we recommend calling us immediately when you know you will need help.
The law presumes that a person has good reason for distributing their property the way they did, and that their wishes should be respected. Someone challenging a will must prove that they are entitled to do so, and that there is sufficient reason to believe that the will is invalid.
A person cannot challenge a will unless they are a beneficiary of the will or someone who would inherit if the deceased person did not have a will. In general, the people who inherit when someone dies without a will are the surviving spouse, children, and in some circumstances, the parents. Grandparents, siblings, and grandchildren may inherit when closer relatives do not survive the deceased person—a Royal Oak attorney can review family relationships to determine whether a specific person has standing to challenge a will.
A person who is entitled to challenge a will must also prove that the will is invalid. Some examples when a court can set aside a will, following the presentation of appropriate evidence, include::
Many wills contain no contest clauses. These are provisions that say if a beneficiary contests the will, they lose their inheritance. They are also called in terrorem clauses or just “terror clauses” because they are meant to frighten a beneficiary into keeping quiet if they do not believe a will is valid.
Probate court judges will enforce no contest in some cases, but not all. Michigan Consolidated Laws § 700.2518 says that a no contest clause is not enforceable if the beneficiary had probable cause to bring an action challenging the will.
An experienced Royal Oak attorney with our firm understands the level of proof a probate court requires to set aside a disputed will. We have spent years handling these cases and have a deep understanding of the kind of evidence a probate court would find persuasive. We can evaluate the evidence in a specific case and have a candid conversation with an individual about whether challenging the will is worth the risk.
Challenging a will can be stressful. But if someone who would inherit has concerns that the will is invalid, it is important to resolve them. When you know you’re working with the best in the business, it’s easy to feel more relaxed and confident.
Contact a Royal Oak wills contest lawyer at The Probate Pro if your family is involved in a dispute. We have devoted our careers to helping people with probate matters and our results speak volumes. Reach out to us today to speak with one of our exceptional legal professionals about what you need to do next.