As you grieve the loss of a loved one, you may be surprised to learn that there are instructions in their will that seem contrary to their true wishes. Perhaps a significant bequest was made to an estranged family member, or a treasured heirloom was left to the wrong person. This scenario leaves many Michigan families wondering: Is it ever possible to change a will after the testator's death?
At the Estate Planning & Elder Law Firm of Michigan, our experienced Howell and Clinton Township probate lawyers understand the confusion and frustration that can arise when a departed loved one's will doesn't align with expectations. While wills are generally considered final legal documents, Michigan law does allow for limited posthumous modifications under specific circumstances.
Making Posthumous Changes to a Michigan Will in Probate
If you believe that your loved one's will doesn't reflect their true intent due to an estate planning error made when the document was drafted, Michigan allows interested parties to petition the probate court during the probate of the estate for reformation. The purpose of this process is to seek to correct mistakes and bring the will in line with the deceased's actual wishes.
However, under Michigan probate law, the grounds for will reformation are limited. The probate judge can only change the language of the will if there's clear and convincing evidence that the deceased individual's intent and the terms of the will were affected by a mistake of fact or law. Examples of situations that may warrant the reformation of a will include:
- Drafting errors. If evidence of the correct information exists, typographical mistakes, such as misnaming a beneficiary or listing an incorrect account number, may be corrected.
- Incorrect legal descriptions. Errors in how real estate is identified in the will, like transposed lot numbers or inaccurate boundary details, may justify modification if the true property can be determined.
- Ambiguous provisions. If the terms of a will are unclear or subject to multiple reasonable interpretations, the court might consider evidence to resolve the ambiguity in line with the testator's likely intent.
Probate court reformation can't be used to make substantive changes that lack evidentiary support. The courts won't alter a will simply because heirs are dissatisfied with their inheritance. However, a will may be modified if there is a will contest based on issues like the deceased’s lack of mental capacity to make a will or someone exerting undue influence over them.
Making Will Modifications Through Settlement Agreements
In some cases, beneficiaries of a will might disagree over the interpretation of certain provisions or feel that the document's terms are unfair. If these disputes escalate into estate litigation, the parties may have an opportunity to change the will's practical effect through a settlement agreement.
While a settlement agreement doesn't actually modify the will's language, it can alter how assets are ultimately distributed. For example, if one heir agrees to give up part of their inheritance in favor of another to resolve a will contest, the court may approve this arrangement as a valid settlement.
However, all parties involved in potential litigation must agree to the settlement terms. A settlement cannot override a will without the consent of every beneficiary who is impacted.
Michigan Trust Modifications After the Grantor's Death
A person may sometimes choose to leave assets to their loved ones through a trust rather than a will. In these situations, Michigan law provides a bit more flexibility for posthumous changes.
If all beneficiaries of an irrevocable trust agree, they can petition the court to modify or terminate a trust after the grantor's death. The court will generally allow this if the proposed changes don't violate the trust's original purpose or the grantor's clear intent.
The trustee may also have limited power to adjust administrative provisions, such as trustee succession plans or investment strategies, without court approval. However, substantive terms like beneficiary designations can't be altered without beneficiary consent and may need court oversight.
The Importance of Precise Estate Planning
Given the legal limitations on posthumous will and trust modifications, it's crucial for these documents to be drafted carefully to ensure they accurately represent your wishes. Vague or contradictory language can lead to confusion, conflict, and unintended consequences for your loved ones.
At the Estate Planning & Elder Law Firm of Michigan, our Howell and Clinton Township estate planning attorneys draft wills and trusts tailored to each client's unique goals and family dynamics. We know that estate planning isn't just about transferring assets; it’s about preserving your legacy and protecting your loved ones' futures.