Will Contests & Probate Disputes in Michigan: When Families Fight Over Estates

Something doesn’t feel right. Maybe Dad’s will suddenly changed three months before he died—right after your sister moved in “to help.” Maybe Mom’s signature doesn’t look like her handwriting. Maybe the person who inherited everything was the same person who isolated your parent from the rest of the family. These suspicions aren’t always paranoia. Sometimes they’re valid. But turning suspicion into a successful legal challenge requires specific grounds, solid evidence, and a realistic understanding of what litigation actually involves.

At Boroja, Bernier & Associates, we help families evaluate probate disputes honestly—and connect them with the right resources when litigation makes sense.

Service Area Badge: Serving Southeast Michigan | Central Michigan | Mid-Michigan

The Hard Truth About Will Contests

Let’s be direct: most will contests fail.

That’s not defeatism—it’s reality. Michigan courts start with a presumption that a properly executed will reflects the testator’s true intentions. Overcoming that presumption requires more than suspicion, more than family drama, and more than feeling like you deserved more than you received.

But some will contests succeed. Some are absolutely necessary. Some expose legitimate fraud, uncover manipulation of vulnerable people, or invalidate documents that never should have been signed.

The difference between a winning case and an expensive mistake often comes down to three things: Do you have legal grounds? Do you have evidence? And do you qualify as an “interested person” under Michigan law?

Under Michigan’s Estates and Protected Individuals Code (EPIC), will contests must be based on specific statutory grounds—not on fairness, not on family expectations, and not on what you think your parent “really wanted.” The law provides mechanisms to challenge invalid wills, but it also protects valid ones from disgruntled heirs who simply disagree with the deceased’s choices.

“People call wanting to contest a will because it feels wrong. Feeling wrong isn’t a legal ground. But when we dig deeper—when we learn that Dad couldn’t remember his children’s names by the time he signed, or that the new beneficiary controlled every aspect of Mom’s life for her final year—that’s when feeling wrong becomes a case worth pursuing.”

Legal Grounds for Contesting a Will in Michigan

Michigan law recognizes specific grounds for challenging a will’s validity. If your concerns don’t fit these categories, you don’t have a contest—you have a grievance.

1. Lack of Testamentary Capacity (MCL 700.2501)

The testator must have been mentally competent when they signed the will. In Michigan, this requires understanding:

• The nature and extent of their property
• The natural objects of their bounty (who would normally inherit—spouse, children, etc.)
• The nature of the testamentary act (that they’re creating a will that disposes of their property at death)
• How these elements relate to form a coherent plan

What Capacity Doesn’t Mean:

Capacity doesn’t require perfect memory. It doesn’t require financial sophistication. It doesn’t require making decisions you agree with. A person with early dementia may still have capacity on a good day. A person with mental illness may have capacity when symptoms are controlled. A person who makes eccentric choices still has capacity if they understand what they’re doing.

What Incapacity Looks Like:

We’ve seen successful challenges where the testator didn’t recognize their own children. Where they believed deceased relatives were still alive. Where they couldn’t identify what property they owned. Where medical records documented severe cognitive decline, yet someone produced a new will during that period.

The question isn’t whether they were old or forgetful. The question is whether, at the moment they signed, they understood what they were signing and why.

2. Undue Influence

This is the most common ground for will contests—and the hardest to prove.

Undue influence means someone exerted pressure that overcame the testator’s free will, substituting the influencer’s intentions for the testator’s own. It’s not persuasion. It’s not even manipulation in the ordinary sense. It’s control so complete that the resulting document reflects what the influencer wanted, not what the testator would have chosen independently.

Michigan courts look for:

• A confidential relationship between the influencer and testator
• The testator’s susceptibility to influence (age, illness, isolation, dependency)
• The influencer’s opportunity to exert influence
• The influencer’s disposition to influence (motive, prior conduct)
• A result that appears to be the product of influence (unnatural disposition)

The Classic Pattern:

One child moves in with the aging parent “to help.” Other family members are gradually excluded—phone calls aren’t returned, visits become difficult, the parent becomes “too tired” to see people. The parent becomes entirely dependent on that one child for transportation, medication, food, companionship. Then the will changes. Then the parent dies. Then everyone discovers that the helpful child inherited everything.

This pattern doesn’t automatically prove undue influence. But when combined with evidence of the parent’s diminished state, the child’s control over information and access, and a dramatic departure from prior estate plans—it builds a case.

3. Improper Execution (MCL 700.2502)

Michigan requires specific formalities for a valid will:

• The will must be in writing
• Signed by the testator (or by someone else in the testator’s presence and at their direction)
• Signed by at least two witnesses who witnessed the testator’s signing or acknowledgment

If these requirements weren’t met, the will is invalid—regardless of what the testator intended.

Common Execution Problems:

• Only one witness signed
• Witnesses didn’t actually see the testator sign
• The testator’s signature was forged
• Witnesses were beneficiaries (creates a presumption problem, though doesn’t automatically invalidate)
• The will was signed after the testator’s mental capacity had declined

Holographic Wills (Handwritten):

Michigan recognizes holographic wills under MCL 700.2502(2)—wills written entirely in the testator’s handwriting, signed by the testator, and dated by the testator. No witnesses are required. These are valid, but they create authentication challenges. Is that really Mom’s handwriting? Was the date accurate? Was this written when she had capacity? Is this the most recent version?

4. Fraud

Fraud in will execution takes two forms:

Fraud in the Inducement: Someone made false statements that caused the testator to create or change their will. “Your daughter said she never wants to see you again” (when she didn’t). “Your son is stealing from you” (when he isn’t).

Fraud in the Execution: The testator was tricked about the nature of the document. They thought they were signing a power of attorney, not a will. They thought they were signing one version of a will, but a different version was substituted.

Both require proof that the fraud actually caused the will to be different than it would have been otherwise.

5. Revocation

A will contest may argue that the will was revoked—either by a subsequent will, by physical destruction with intent to revoke, or by operation of law (such as divorce revoking provisions for an ex-spouse under MCL 700.2807).

If someone produces an older will claiming the newer one was revoked, or argues that the testator destroyed the will before death, revocation becomes the contested issue.

Who Can Contest a Will in Michigan

Not everyone unhappy with a will has the right to challenge it. Michigan law requires that you be an “interested person” as defined under MCL 700.1105(c).

The “Interested Person” Standard:

The definition of “interested person” is broad and fact-specific. Generally, it includes anyone with a property right or claim against the estate that may be affected by the proceeding. This typically encompasses heirs, beneficiaries under the will being contested, beneficiaries under prior wills, fiduciaries, and in some cases, creditors.

Who Typically Has Standing:

• Heirs at Law: People who would inherit under intestate succession if there were no will
• Beneficiaries Under Prior Wills: If a previous will left you an inheritance and the new will cuts you out
• Beneficiaries Under the Current Will: Though contesting as a current beneficiary carries risk (see below)
• Personal Representatives and Fiduciaries: Those appointed to administer the estate

The Fact-Specific Reality:

Whether someone qualifies as an interested person depends on the specific circumstances. A close friend might qualify in certain situations if they can demonstrate a sufficient legal interest. A distant relative might not qualify if they have no inheritance rights at stake. Each situation requires individual analysis.

The No-Contest Clause Risk:

Many wills include “no contest” clauses (in terrorem clauses) stating that anyone who contests the will forfeits their inheritance. This creates serious risk for beneficiaries who are receiving something under the current will.

Michigan recognizes these clauses, but they don’t apply if the contest is brought in good faith and with probable cause. Still, the risk of triggering such a clause—and losing whatever you would have received—must be carefully evaluated before filing. If you’re a beneficiary receiving $50,000 under a will and you contest unsuccessfully, you may end up with nothing.

The Strategic Question: Just because you may have standing doesn’t mean you should contest. What happens if you win? If the will is invalidated and there’s no prior valid will, the estate passes by intestate succession. Would that actually benefit you? Sometimes invalidating a will benefits other people more than the person who contested it.

Why Timing and Evidence Matter

Will contests require prompt action. The longer you wait, the harder your case becomes—regardless of how strong your suspicions.

Why Speed Matters:

• Witnesses’ memories fade
• Medical records become harder to obtain
• The person who committed fraud or undue influence has time to craft their story
• Estate assets get distributed and become difficult to recover
• Other interested parties may settle or release claims
• Critical evidence may be lost or destroyed

Evidence Wins Cases:

Will contests are won or lost on evidence. Suspicions aren’t enough. Family knowledge isn’t enough. You need proof that will hold up in court.

For Lack of Capacity: Medical records documenting cognitive decline, physician testimony, neuropsychological testing, testimony from people who interacted with the testator around the signing date.

For Undue Influence: Documentation of isolation, financial records showing the influencer’s control, communications showing the influencer directing decisions, prior wills with different provisions, testimony about the relationship dynamic.

For Improper Execution: The will itself, witness testimony about what they observed, attorney records from the execution ceremony, forensic handwriting analysis for questioned signatures.

For Fraud: Communications showing false statements, testimony from people who heard them, evidence the statements were false and caused the will change. If you’re considering a will contest, start gathering evidence immediately—even before you’ve decided whether to file.

Beyond Will Contests: Other Probate Disputes

Not every probate fight is about whether the will is valid. Sometimes the will is fine—the problem is what happens after.

Fiduciary Breach Claims

Personal representatives and trustees have legal duties: loyalty, prudence, impartiality, accounting, and proper distribution. When they fail these duties, beneficiaries can take action.

Common Fiduciary Failures:

• Self-dealing (using estate assets for personal benefit)
• Favoring one beneficiary over others
• Failing to collect or protect assets
• Making imprudent investments
• Delaying distribution without justification
• Failing to provide required accountings
• Commingling estate funds with personal funds

These claims don’t challenge the will’s validity—they challenge the fiduciary’s conduct. The remedy might be removal, surcharge (personal liability for losses), or both.

Will Interpretation Disputes

Sometimes the will is valid but ambiguous. What did the testator actually mean?

• “I leave my jewelry to my daughters” — Does that include daughters-in-law? Step-daughters?
• “I leave my house to John” — Which house, if there are multiple?
• “I leave 25% to charity” — Which charity, if several are mentioned elsewhere?

These disputes don’t contest the will—they ask the court to interpret it.

Accounting Disputes

Beneficiaries have the right to information about estate administration. When personal representatives don’t provide proper accountings—or when the numbers don’t add up—disputes arise over missing assets, questionable expenses, and undervalued property.

Family Settlement Disputes

Sometimes families try to resolve matters outside court, signing agreements to distribute assets differently than the will specifies. When these agreements fall apart—or when someone claims they were pressured into signing—litigation follows.

The Reality Check: What Will Contests Actually Cost

Let’s talk about what you’re signing up for if you pursue a will contest.

Financial Costs:

Will contests are expensive. Unlike straightforward estate administration, litigation involves discovery, depositions, expert witnesses, motions, and potentially trial.

Realistic Cost Ranges:

• Initial evaluation and early-stage investigation: $2,500–$7,500
• Contested proceedings through mediation: $15,000–$40,000
• Full litigation through trial: $50,000–$150,000+
• Complex cases with multiple experts: $100,000–$300,000+

Even cases that resolve favorably aren’t cheap. I’ve handled an intestate case where our client had been completely excluded—the other side pretended she didn’t exist and never served her. We won on a motion for summary disposition, and even with minimal discovery, the case cost over $25,000. That’s a win with a relatively efficient resolution. Cases that go to full trial cost multiples of that.

The Cost-Benefit Calculation:

Before filing, ask: What’s at stake, and what are my chances?

If you’re contesting a $200,000 estate and your share under intestacy would be $50,000, spending $75,000 in legal fees to maybe win doesn’t make sense. If you’re contesting a $2,000,000 estate with strong evidence of fraud, the calculation looks different.

Emotional Costs:

Beyond money, consider what litigation does to families:

• Depositions where family members testify against each other
• Discovery of private family matters
• Years of uncertainty while the case proceeds
• Permanent destruction of family relationships
• The deceased’s memory becoming a battleground rather than a legacy

Some families never recover from will contest litigation.

Time Costs: Will contests aren’t quick. Expect 6–12 months for initial proceedings and discovery, 12–24 months to get to trial if the case doesn’t settle, and additional time for potential appeals.

Defending Against a Will Contest

Not everyone reading this is considering a challenge. Some are personal representatives or beneficiaries facing a contest. Some want to ensure their own estate plans can withstand future challenges.

If You’re Facing a Contest:

Your job as personal representative is to defend the will—ensuring the testator’s documented wishes are respected. Gather evidence supporting proper execution, collect medical records demonstrating capacity, and document the testator’s consistent intentions over time.

If You’re Planning Your Own Estate:

The best defense against future will contests is proper planning now.

Contest-Proofing Strategies:

• Use an Attorney: Wills drafted by attorneys with proper execution ceremonies are harder to challenge than DIY documents.
• Document Capacity: If there’s any question about cognitive decline, get a physician’s certification of capacity at the time of signing.
• Explain Your Reasoning: If you’re making unexpected choices (disinheriting a child, leaving unequal shares), a separate letter explaining your reasons can demonstrate intentional, informed decisions.
• Consistent Estate Planning: If your will has been consistent across multiple versions over many years, it’s harder to argue the final version was the product of sudden incapacity or manipulation.
• Independent Witnesses: Use witnesses who don’t benefit from the will.
• Video Documentation: In high-risk situations, video recording the will execution can provide powerful evidence of capacity and voluntariness.

The Michigan estate planning attorneys at Boroja, Bernier & Associates build estate plans designed to withstand future challenges—proper execution, capacity documentation, clear reasoning, and structures that reduce family conflict. Call (586) 991-7611 to discuss contest-proofing your estate plan.

Our Approach to Probate Disputes

I’ll be direct with you: I have extensive experience in probate litigation. I’ve handled contested estates, will challenges, and fiduciary disputes throughout my career. But I don’t handle as much litigation anymore—by choice.

Litigation is demanding. It consumes time, energy, and resources—for everyone involved. After years of trying these cases, I’ve become very selective about which disputes I take on. I focus my litigation efforts on cases where the facts are strong, the stakes justify the fight, and I believe I can make a meaningful difference for my client.

What This Means for You:

When you come to me with a potential will contest or probate dispute, I’ll give you an honest evaluation. I’ll tell you whether I think you have a case worth pursuing, whether the evidence supports your position, and whether the economics make sense.

If it’s a case I’m willing to take, we’ll pursue it strategically and aggressively.

If it’s not a case I’m going to handle—whether because of the facts, the economics, or my own caseload capacity—I won’t leave you stranded. I have colleagues and referral relationships with experienced probate litigators throughout Michigan. If I’m not the right fit for your case, I may be able to connect you with someone who is.

What I Always Provide:

Honest Evaluation: I assess your case against legal standards—not just your feelings about the situation. If you don’t have grounds, I’ll tell you. If the economics don’t work, I’ll tell you that too.

Strategic Guidance: Even if I don’t handle your litigation, an initial consultation can help you understand your options, evaluate your evidence, and make informed decisions about how to proceed.

Estate Planning That Prevents Disputes: The best way to handle will contests is to prevent them. I help clients build estate plans designed to withstand future challenges—proper execution, capacity documentation, clear reasoning, and structures that reduce family conflict.

Common Questions About Will Contests in Michigan

Something’s Not Right. What Do You Do Now?

If you’re reading this page, something about an estate situation is bothering you. Maybe it’s a will that doesn’t match what you know about your parent’s wishes. Maybe it’s a family member who controlled everything and now inherits everything. Maybe it’s a signature that doesn’t look quite right.

Those instincts might be valid. They might also be grief, disappointment, or misplaced frustration. The only way to know is to evaluate the situation against Michigan’s legal standards with someone who handles these cases.

I don’t encourage unnecessary litigation. I’ve told people their cases wouldn’t succeed, and I’ve told people their suspicions—however painful—didn’t amount to legal grounds. When the answer is no, I say so directly.

When the answer is yes—when there are real grounds and real evidence—I either take the case myself or connect you with someone who can help.

Accountability builds trust. I’ll give you an honest assessment of your situation, even if it’s not what you want to hear.

Call Us: (586) 991-7611
Email: admin@bbalawmi.com

Office Hours: Monday–Thursday: 9:00 AM–5:00 PM | Friday: 9:00 AM–3:00 PM | Saturday & Sunday: By Appointment

Service Area: Boroja, Bernier & Associates handles will contests and probate disputes throughout Macomb County (Sterling Heights, Clinton Township, Warren, Shelby Township), Oakland County (Troy, Rochester Hills, Royal Oak, Southfield), Wayne County (Detroit, Livonia, Dearborn, Westland), Washtenaw County (Ann Arbor), Ingham and Eaton Counties (Lansing area), and surrounding Michigan communities. Headquarters in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing.