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An individual may have grounds to contest a will if they believe that the testator was deliberately tricked into signing the document — for instance, if someone lied to the decedent, telling them they were signing another document instead of a will. Fraud may also apply in situations where someone misrepresents the circumstances and specifics ...
Grounds for Contesting a Michigan Will or Trust. The Will or Trust wasn’t signed as required by state law. In Michigan, the testator must sign, and two witnesses must also sign, each having witnessed the testator’s signature. In addition, a notary public must witness the signatures of the testator as well as both witnesses.
Jun 10, 2021 · If the person challenging the will can demonstrate that the testator lacked adequate mental capacity, the court will declare the entire will invalid. Failure to abide by the formalities. All wills must be signed by the testator in the presence of two witnesses. The failure to follow these procedures may also lead to the invalidation of the will.
Nov 5, 2020 · November 05, 2020. Contesting the Last Will and Testament of a deceased person involves asking a judge to invalidate the individual’s Will by objecting to probate of the Will. To contest a Will, you must have legal grounds for contesting the Will as well as a legal interest in the estate. In the discussion that follows, our BRMM probate ...
Apr 2, 2021 · The estate planning attorneys at O’Reilly Rancilio are ready to assist clients with both sides of will contests and other probate litigation. For more information, please call 586-726-1000 or visit our website. Categories: Estate Planning. There are times when the terms of a will or the circumstances surrounding its execution raise concern.
A testator is susceptible to undue influence if they are vulnerable due to illness or isolation. The burden of proving undue influence is on the person asserting it. Mich. Comp. Laws § 700.3407; Forgery. If the testator’s signature was forged, the will would not be valid. Duress. A will must be made out of the testator’s free will.
Grounds for Contesting a Michigan Will or Trust. The Will or Trust wasn’t signed as required by state law. In Michigan, the testator must sign, and two witnesses must also sign, each having witnessed the testator’s signature. In addition, a notary public must witness the signatures of the testator as well as both witnesses.
