Creating a will ensures that your property is distributed according to your wishes after your death. In Michigan, you can write a valid will by hand, known as a holographic will. However, the will must meet certain legal requirements to be enforceable in court, and understanding those requirements can help you avoid complications later.
Requirements for a valid handwritten will
In Michigan, a handwritten will is valid if you meet specific legal criteria. First, you must write the will entirely by hand, meaning you cannot use typed text. The will should clearly express your intent to distribute your property after your death. Michigan law does not require notarization, but you must sign the will at the end for it to be legally binding. While a typed will may be easier to read, a handwritten will can still hold weight if you follow the proper steps.
Legal considerations for handwritten wills
Michigan allows handwritten wills, but the court could challenge their validity. The will must show that you signed it and intended to distribute your assets as specified. While Michigan permits handwritten wills, it is wise to have the will witnessed and notarized. Doing so can prevent confusion and legal disputes later on. Notarization provides proof of authenticity, which helps ensure that your wishes are followed as you intended. In cases of complex asset distribution or family disagreements, these extra steps can offer greater protection for your intentions.
Potential issues with handwritten wills
Handwritten wills can cause problems if someone contests their validity in probate court. The court may request evidence to confirm that you signed the will voluntarily and that it reflects your true intentions. Additionally, unclear or poorly written language in the will can lead to legal challenges, resulting in lengthy and costly court battles. Courts may have difficulty interpreting ambiguous language, and without proper witnesses or notary services, the will may face difficulties in probate.
Although a handwritten will can work in certain situations, understanding the risks involved is essential. If you choose to write one, ensure that it follows Michigan’s legal requirements and clearly states your intentions to avoid complications in the future.
