In Hudsonville, Michigan there are certain procedures allowing certain people to challenge the validity of a will. This is known as a "will contest" or "contested will."

Occasionally, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for example). This might lead them to assume, correctly or not, that the will was a mistake.

If there is a large amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

When Can a Will be Contested in Hudsonville, Michigan?

A court in Hudsonville, Michigan will not entertain a will contest unless there is a very good reason to do so. But, there are some allegations which, if shown, clearly invalidate a will.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Usually, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.

There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Hudsonville, Michigan, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Hudsonville, Michigan Contested Will Attorney Help?

Contesting a will can be a perplexing, emotional, expensive, and time-consuming process. There is really no way around this. However, a reputable Hudsonville, Michigan wills and estates attorney can minimize these problems, and make the process as painless as possible.