Inheritance disputes can make the probate and grieving processes more difficult than necessary for your loved ones. That’s why it’s so important to craft a solid will that clearly specifies your wishes for how your assets are to be distributed after you pass away. Understanding common reasons for will contests and knowing how to prevent inheritance disputes can help make sure that your estate’s probate process goes smoothly.
At the Estate Planning & Elder Care Firm of Michigan, our experienced Livingston and Macomb County probate lawyers can assist you in creating a will and estate plan designed to honor your wishes and prevent inheritance disputes. Below, we share the common reasons for will contests and tips to avoid them when drafting your will.
Five Common Grounds for Will Contests
Only interested parties, such as beneficiaries of a will, individuals who have a legal interest in the estate, or fiduciaries like the personal representative of the estate, can contest a will, which means they are challenging the will’s validity. Common reasons for will contests and inheritance disputes in Michigan include:
- Incapacity. A claim that the deceased was not competent to execute their will is one of the most common reasons for will contests. Under Mich. Comp Laws § 700.2501, a person must be at least 18 years old and have the mental capacity to sign a will for a will to be valid.
- Improper execution. Another grounds to dispute a will is that it was not executed properly. A will must be in writing to be valid. It must also be signed by the testator, who is the person creating the will, and two witnesses who saw the testator execute it.
- Undue influence. Inheritance disputes can also arise if heirs believe someone exerted undue influence over the testator and convinced them to sign a will that is inconsistent with their wishes. Individuals who may exert undue influence are often caregivers or close family members.
- Fraud. A will can also be contested if there is a claim that the testator was tricked into signing the will when they thought they were signing another document.
- Forgery. Another reason for a will contest is if an interested party believes that someone created a forged will or forged the testator’s signature.
Seven Tips to Avoid Inheritance Disputes
Fortunately, you can take steps to prevent inheritance disputes when creating your comprehensive estate plan. Our skilled probate lawyers recommend the following to avoid future problems:
- Don’t rely on a DIY will. One crucial way to avoid inheritance disputes is to prevent using DIY estate planning documents to draft your own will. You could inadvertently create confusing provisions and give your heirs more reasons to file a will contest.
- Include key provisions in your will. You can prevent inheritance challenges by creating a will with all the important provisions. This includes clearly stating the beneficiaries of your estate, how you want your assets distributed, who you want to be the guardian for any minor children, and the contingent beneficiaries.
- Tell your family about your will. While you don’t have to disclose all the details in your will to them, you should let your loved ones know you have created a will.
- Create a trust for certain loved ones. Instead of disinheriting family members who you are worried will squander their share of your estate, consider creating a trust so that a trustee gives them their assets over time.
- Include a no-contest clause. You may want to include a no-contest clause in your will specifying that any beneficiary who raises a will contest will be disinherited. Keep in mind, though, that a judge may not enforce this provision if the beneficiary appears to have valid reasons to contest your will.
- Keep your will updated. As your life changes over time, you may need to update your will to account for new circumstances. Keeping your will current is another good way to avoid inheritance disputes.
- Hire an attorney. One of the most important ways to avoid challenges to your will is to retain a knowledgeable lawyer to draft it. At the Estate Planning & Elder Care Firm of Michigan, our legal team will discuss your wishes and concerns with you and create an estate plan tailor-made for your situation that’s designed to prevent will contests and inheritance disputes.