DID YOUR LOVED ONE TRULY MAKE THEIR OWN DECISIONS?
One of the most common questions families ask after an unexpected change to a Will or Trust is:
“Would Mom really have done this?”
Sometimes the answer is yes.
Sometimes the circumstances deserve closer examination.
Michigan law recognizes that every competent adult has the right to change their estate plan, even if family members disagree with the decision. However, those decisions must be made voluntarily and with sufficient mental capacity.
WHAT IS UNDUE INFLUENCE?
Undue influence occurs when another person improperly overcomes an individual’s free will, causing them to make decisions they would not otherwise have made.
Because undue influence often occurs privately, courts frequently evaluate surrounding circumstances rather than direct evidence alone.
TESTAMENTARY CAPACITY
Creating or changing a Will generally requires that the individual understand:
- The nature of making a Will.
- The extent of their property.
- The natural objects of their bounty.
- The general effect of the document being signed.
Medical records, witness testimony, attorney notes, and surrounding circumstances may all become important in evaluating these issues.
Our attorneys carefully investigate these matters while recognizing the sensitive family dynamics often involved. If you would like to contact Great Lakes Family Probate & Estates, you can contact us at (888) 554-5373 or submit a form to schedule a consultation.