To ensure the legal validity of a Will in Michigan, several prerequisites must be satisfied, including the presence of witnesses. This blog explores whether an executor may serve as a witness to a Will in Michigan and how a knowledgeable Washtenaw County Wills Attorney can provide assistance.
Why Can’t an Executor Be a Witness to a Will?
First and foremost, it’s important to understand that an estate executor is an individual designated within a Will to manage and conclude the affairs of a deceased person. This encompasses the collection of assets, the settlement of debts and taxes, and the allocation of remaining property to specified beneficiaries. This constitutes a significant fiduciary obligation, necessitating meticulous management of the estate in accordance with the decedent’s final directives and pertinent legal statutes. The executor functions under the oversight of the probate court and bears responsibility for the appropriate and lawful administration of the estate until its finalization.
An executor is ineligible to serve as a witness to a Will if they are also a beneficiary within the Will. A witness in Michigan must be impartial. If they are a beneficiary, they possess a personal interest in the Will’s outcome, which would invalidate the gift to them. The court may deem a witness with a personal interest to be untrustworthy, potentially leading to the Will being contested or declared invalid.
Who Can Be a Witness in MI?
For a Will to be considered valid in Michigan, it must be attested to and signed by at least two competent witnesses who are at least 18 years old. A competent witness is someone capable of understanding the act they are performing and who is not a beneficiary in the Will.
While not necessarily forbidden, it’s strongly recommended that witnesses to a Will be “disinterested parties,” meaning they should not directly benefit financially or inherit from the Will. The witness has to be present when the testator signs the Will, or the testator has to acknowledge their signature to the witnesses. The witness must also sign the Will. Therefore, you should choose someone like a friend who has no stake in your estate. Avoid selecting someone who receives a gift, property, or inheritance from your Will as a witness.
Consult with an attorney at Collis, Griffor, & Hendra when drafting a Will to ensure all legal requirements are met. This will help avoid potential disputes or invalidation of the Will in the future. Our legal team can guide you on selecting appropriate witnesses and ensuring the proper execution formalities are followed. Connect with our firm today for more information.