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Holographic Will Michigan
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Holographic Will Michigan. Is a Handwritten Will Valid?

Last updated Jun 30, 2024 | Published on Feb 27, 20217 min read

A holographic will, also known as a handwritten wills, is a will that is a handwritten document in the handwriting of the decedent. A decedent is a person who passed away. A holographic will is signed and dated by the decedent. Holographic wills cannot be typed or printed.

In a Michigan holographic will, the pertinent parts of the will must be in the testator’s handwriting. It must also be evident that this writing intended to serve as the lawful will of the person who passed away. A valid holographic will does not need to be witnessed but must indicate the testator’s intent for it to be their last will.

The person drafting the holographic will must also have the proper capacity to write a will. Testamentary capacity means the testator must be of sound mind. The decedent must have sufficient mental capacity. There can also not be any undue influence by others in drafting the holographic will.

The drafter of the holographic will understand the extent of their property and the intent to give it away after their death. This is referred to as testamentary intent. The testamentary intention is the knowledge that the decedent knows what he is drafting when the Michigan holographic will is sent to a Michigan estate planning attorney.

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Talk to a Michigan estate planning attorney

When confronted with a holographic will, talking to an experienced Michigan probate and estate planning attorney is essential. A Michigan holographic will can pose many challenges during the probate process. An experienced estate planning attorney can guide you through the process of dealing with a holographic will. It is also important to specify the revocation of any previous wills to avoid disputes and determine precedence.

Common terminology in a Michigan holographic will case

Many common terms are involved in reviewing a holographic will. A decedent is a person who has passed away. A testator is a person making or drawing up a will. A person who writes a will is known as a testator. When the testator passes away, they become the decedent.

What are the pertinent parts of a Michigan holographic will?

The pertinent part of the holographic will Michigan is the disposition of the decedent’s assets. This disposition of assets determines who gets what for the estate of the person who passed away. The testator must consider the natural objects of their bounty, typically family members or other intended beneficiaries. The material provisions of the will must be in the decedent’s handwriting.

It can also include who will serve as the personal representative of the probate estate. The personal representative administers the will under the supervision of the local probate court.

Does a Michigan holographic will expire?

A holographic will is a valid Michigan will. Formal wills, which have specific requirements, including being in writing and signed by the decedent and witnessed, generally have greater longevity and validity compared to holographic wills, which are less formal and only require the material portions to be in the testator’s own handwriting, signed, and dated. As such, they are valid until they are revoked or replaced by a subsequent will.

Problems with a Michigan holographic will

One of the main issues facing the entry of a Michigan holographic will is whether the handwriting is actually the decedent’s handwriting. A party can allege that the holographic will is a forgery.

It can be very costly if a family member is unhappy with the holographic will. Family members can challenge the entry of the will and require a handwriting expert, which can be costly and time-consuming.

How does a holographic will Michigan work?

When a person passes away, their property is distributed through probate. Usually, the heirs hire a Michigan probate attorney to “probate” the decedent’s estate. 

Michigan Intestacy Probate

There are two types of probate administration in Michigan. One is intestacy, where there is no will. Without a will, the decedent’s heirs will open a probate case, and the intestacy laws in Michigan will apply. 

Michigan Formal or Informal Probate

If there is a will, the probate will execute or follow the decedent’s final valid will. Usually, this will satisfy Michigan’s standard, formal requirements for a will. If the will does not meet these requirements but does meet the requirements of the holographic will, the holographic will can be admitted by the probate court. This holographic will and its terms will be”enforced.” The decedent’s probate estate will be closed upon filing a sworn statement.

Requirements for an estate planning will in Michigan

A will in Michigan must meet the following criteria.

  • The document must be in writing.
  • The will must be signed by the person having the document written for them, the testator. 
  • The will must be signed by two witnesses who are present at the testator’s signing.

These are the formal statutory requirements for a will to be valid in Michigan.

What are the statutory requirements for a valid will under Michigan law?

700.2502 Execution; witnessed wills; holographic wills.

Sec. 2502.

  (1) Subject to section 1202, and except as provided in subsection (2) and in sections 2503, 2506, and 2513, a will is valid only if it is all of the following:

  (a) In writing.

  (b) Signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction.

  (c) Signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will as described in subdivision (b) or the testator’s acknowledgment of that signature or acknowledgment of the will.

  (2) A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if it is dated, and if the testator’s signature and the document’s material portions are in the testator’s handwriting.

  (3) Intent that the document constitutes a testator’s will can be established by extrinsic evidence, including, for a holographic will, portions of the document that are not in the testator’s handwriting.

MCL 700.2502

A will that does not meet these requirements will not be admitted by the probate court.

Is a handwritten will legal in Michigan? The answer is yes. As you saw, a holographic will is valid in Michigan if it meets the above requirements. A Michigan holographic will is as enforceable as a normal one that meets the standard statutory requirements.

A will drafted in the testator’s handwriting is valid under state law. A Michigan holographic will is just as enforceable in a Michigan court as a regular one, meeting the standard statutory requirements. To be a valid holographic will, the material portions must be in the testator’s handwriting and signed and dated by the testator.

Do handwritten changes constitute a codicil in Michigan?

It is also possible that a decedent who has made handwritten changes to a will will have altered their will. These handwritten changes will be treated as a codicil to the will. A codicil is a change to a formal will. A codicil can be viewed as an update to an existing will. A Michigan court can view a holographic will as a codicil to a Michigan will.

Talk to a Michigan Estate Planning Attorney today!

Although a holographic will is valid in Michigan, it is not your best option. Hiring a professional estate planning attorney in Michigan to draft you a formal will is better. A Michigan will be drafted by an attorney, witnessed by two witnesses, and signed by the testator is a much better option.  

A Michigan estate attorney can help you draft a will that meets your needs and provides for your family. Bruce Law Firm offers free consultations with an older lawyer to develop the best estate plan for your needs. If you need legal advice, call today.

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Ronald Bruce

Attorney in Monroe, Michigan.