A well-drafted will gives families a clear roadmap when a loved one passes reducing confusion and helping prevent disputes. But not every will achieves that goal.
Some wills contain errors, contradictions or circumstances that raise real questions about the document’s validity. These questions often spark contests that create even more headaches during an already painful time.
Who has the right to contest a will
Michigan law doesn’t allow just anyone to contest a will. You must have “standing,” which means you need a direct financial interest in the outcome.
Typically, this includes:
- Beneficiaries named in the current will
- Beneficiaries from a previous version of the will
- Heirs who would inherit under state law if no valid will existed
If you fall into one of these categories and have serious concerns, you have the right to bring those concerns before a probate judge. If not, Michigan courts will dismiss your challenge before it even begins.
Valid reasons that courts accept for will contests
Michigan courts don’t allow will contests simply because someone disagrees with how the will divides assets. You need a legitimate legal reason to move forward.
Accepted valid grounds include:
- Lack of mental capacity: The person who made the will didn’t fully understand what they were signing, who their beneficiaries were or what assets they currently owned that time.
- Undue influence: Someone pressured or manipulated the person to change their will to benefit the manipulator rather than reflecting the person’s true wishes.
- Fraud or forgery: Someone deceived the deceased about the contents of the will, tricked them into signing something they didn’t intend to sign or forged the signature themselves.
- Improper execution: The will doesn’t meet Michigan’s legal requirements, such as lacking proper witnesses or signatures.
Each of these grounds requires solid evidence to support your position in court.
Time limits for filing a will contest in Michigan
State law generally requires you to file a challenge within 21 days after the court admits the will to formal probate. Missing that window can erase your right to contest entirely, regardless of how legitimate your concerns are.
However, if the will doesn’t go into formal probate, there technically isn’t any limit.
Protect your rights with proper legal support
Contesting a will requires valid grounds and proper procedures. If you suspect problems with a will, professional legal guidance ensures your reasons meet Michigan’s strict standards.
Having an attorney present when reviewing the will helps you catch issues early and confirms that all provisions remain legitimate and enforceable.