Contesting a will or trust.

By Moshe B. Newman, Attorney · Published June 2026

You can challenge a will or a trust in Michigan, but only on specific legal grounds and only within strict deadlines — some of which run in months, not years. If you believe a will or trust doesn’t reflect what the deceased actually wanted, the time to act is now, before the deadline closes and before the estate is distributed.

Grounds to contest

• Lack of capacity. The person didn’t understand what they were signing, what they owned, or who their natural heirs were.
• Undue influence. Someone in a position of trust pressured or manipulated the person into a document that benefits the influencer — a classic pattern when a late-in-life caregiver or one child suddenly takes everything.
• Fraud or forgery. The signature isn’t genuine, or the person was deceived about what they signed.
• Improper execution. The document wasn’t signed or witnessed the way Michigan law requires.
• Revocation. A later valid document replaced the one being offered.

The deadlines — this is the part people miss

Trusts: Under MCL 700.7604, a contest to a trust that was revocable at the settlor’s death must be filed within the earlier of two years after the settlor’s death, or six months after the trustee sends a proper statutory notice. A trustee who sends that notice can start a six-month clock you may not realize is ticking.

Wills: Probate has its own objection deadlines that depend on how and when the will is offered and what notices are sent. They can be short. Once an estate moves forward without objection, your options narrow quickly.

The practical takeaway: if you suspect a problem, do not wait to “see how it plays out.” Get advice before a deadline quietly expires.

Do you have standing?

Generally, you must be an “interested person” — someone who would inherit under a prior document or under intestacy, or a named beneficiary — to contest. Part of an initial review is confirming you have the right to bring the challenge at all.

What a contest looks like

Strong contests are built on evidence: medical records bearing on capacity, the circumstances around the document’s creation, who arranged it, who benefited, prior versions, and the relationships involved. Not every suspicious situation is a winnable case — and we’ll tell you honestly which is which before you spend money litigating.

This article is general information about Michigan law, not legal advice, and does not create an attorney-client relationship. Statutes, deadlines, and dollar amounts change; figures current as of 2026. Deadlines in probate and trust disputes can be short and unforgiving — if you think you may have a claim, contact us promptly.

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