Michigan statute MCL 700.2502 defines the elements required for a document to be deemed a valid will. Most prominently, the will must be in writing. A video expression of your intent doesn’t count – it must be either written out or typed.
The will must also be signed by the person making it, called the testator. There are some exceptions to this, where the person may not be in proper health to do so, and their thumbprint may be taken instead. If this is still not possible, it can be signed by another person at their direction, though this is fraught with potential for legal challenges. Because of this, contested wills cases are not uncommon. If you cannot sign for whatever reason, you should consult with a Royal Oak wills attorney on what to do next.
Wills don’t always look like that beautiful document that comes from your lawyer’s office. Often, wills are found in strange places and under very strange circumstances. We know of famous cases involving people trapped in caves or mines, and they write their expression of their last will and testament on the walls. In fact, the medium and method of signing doesn’t usually matter in certain circumstances. Practically, any material can constitute a valid will if they follow the format, requirements and the elements of Michigan law.
Our probate law attorneys know exactly what you need to do to make a valid will and have it executed to your wishes. Get the help you need from our Royal Oak wills lawyers.
A will signing must be witnessed by at least two persons within a reasonable time after the execution. This requirement often fails to occur. Sometimes we see wills with only one witness, or the length of time after execution is too long. Michigan has a savings clause that says, if it’s substantially compliant, we should not throw wills away because there’s a minor defect. There are some exceptions to that two-witness requirement.
We’ve also seen testators sign the will at the witness signature spot, and the witness signs where the testators are supposed to. Those types of defects used to be fatal to the admission of a will. Now, Michigan law gives more leniency to the strict compliant signatures that were required under previous law. If it substantially complies with the testamentary requirements under MCL 700.2502, a will can be deemed legitimate even though it technically fails for one of these reasons.
A will still can be valid even if it’s not witnessed, as long as it is dated, and in the testator’s own handwriting. If somebody writes out a note, and it expresses testamentary intent, with a date and signature, that document is what we call a holographic will, which can also be deemed valid.
You should hire a competent wills lawyer in Royal Oak to make certain that you properly draft the will, and that the estate plan was thoughtfully arranged and executed.
Oral wills, where you’re simply expressing your testamentary desires to another family member, are generally not valid. Imagine if the person tells one child one thing, and the other child a different thing, because they want to make sure both of their children love them. That creates a conflict when it comes time to distribute their assets after death. Oral wills are generally impermissible in Michigan.
There’s a famous case about the man who created Pringles, named Frederick Baur, who allegedly told his family that he wanted his remains placed into a Pringles can. However, that oral request was deemed an invalid expression to form a testamentary device, or valid will. Make sure you get your wishes down in writing!
There are also situations that occur even after the execution of a will or a trust that can cause problems, including people who write on the original document and cross things out. Hiring a competent lawyer could resolve these issues to make certain that you create an effective estate plan that is foolproof and not at risk of being invalidated.
At The Probate Pro, we love talking about these issues, litigating will disputes, and administering the estates when somebody has died. There are many ways that things can go wrong but we can make sure you and your family is set up for success. Schedule a consultation with a Royal Oak wills lawyer today.