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Brown Borkowski & Morrow
  • Home
  • Firm Overview
    • Why Hire Us?
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      • Susan Leigh Brown
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Challenging the validity of a will in probate court

On Behalf of Brown Borkowski & Morrow | Jul 22, 2024 | Estate Planning |

Challenging or defending the validity of a will in Michigan probate court involves several steps. Whether you are questioning the will’s authenticity or defending its validity, understanding the process is helpful.

Grounds for challenging a will

To challenge a will, you need valid grounds. Common reasons include lack of testamentary capacity, undue influence, fraud, or improper execution. Testamentary capacity refers to the decedent’s mental state when creating the will. If the decedent lacked sound mind, the court could deem the will invalid. Undue influence occurs when someone pressures the decedent into altering the will against their true intentions. 

Initiating a challenge

To start a challenge, you must file a petition with the probate court where the will is being administered. This petition should outline your grounds for contesting the will. Gathering evidence to support your claim is essential. 

Defending the validity of a will

If you need to defend a will, you must demonstrate that the will meets all legal requirements and accurately reflects the decedent’s wishes. This involves providing evidence that the decedent had testamentary capacity, was not under undue influence, and that the will was properly executed. 

Legal proceedings

Both challenging and defending a will involves presenting your case in probate court. The judge will review the evidence, hear testimonies, and make a decision based on the facts presented. It is crucial to have thorough documentation and credible witnesses to support your position.

Ensuring a fair process

Challenging or defending a will in Michigan requires understanding the legal grounds and process involved. Gather solid evidence and present a well-structured case to navigate the probate court system effectively and honor the decedent’s true intentions.

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Brown Borkowski & Morrow
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Farmington Hills, MI 48331

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