In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
Michigan Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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How to fill out Petition Contesting Probate Of Will On The Grounds Of Mental Incompetence And Undue Influence?
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FAQ
If the Will is admitted by an informal proceeding (by "application"), there is no statute of limitations for contesting the Will; however, a challenger may be prevented from contesting the Will due to an unreasonable delay in bringing the claim.
A handwritten will must be dated and signed at the end of the document. A formal will can be typewritten. It must be signed and witnessed by at least two people. (Keep in mind that a beneficiary under the will should never be a witness to its signing.)
Fraud, Coercion or Undue Influence: Section 61 the Indian Succession Act, 1925 expressly states that a will which has been caused by fraud or coercion, or any importunity which takes away the free agency of the testator is void. Any will that has been made in the absence of free will of testator can be challenged.
Undue influence is a serious challenge to raise against a will or trust. If successful, the document may be invalidated. For that reason, when proving undue influence, extraordinary evidence must be presented, which means having an excellent probate litigation attorney by your side.
The holographic will must be dated. Although handwritten, or holographic, wills are much less common than they used to be, they are still valid, and they still have the same legal authority as a typed will.
One basis under which a will may be contested is that someone asserted undue influence over the will's author (the "testator"). Undue influence generally means that an individual coerced a testator into including provisions in their will that benefited that individual and did not reflect the testator's true desires.
Fact-Checked Code SectionMCL §§700.2501, et seq.Age of Testator18 years or older and sound mindNumber of WitnessesSigned by at least two competent persons, each of whom witnessed either the signing or testator's acknowledgment of signature or of will.Nuncupative (Oral Wills)Not recognized1 more row
A will is not valid if it is made under duress (by force or threats) or the improper influence of another person. It is okay for someone to help you prepare your will, but it is not okay for anyone to tell you what you must put in your will or how to distribute your property.