When considering your estate plan, you may seek the most convenient and cost-effective methods for protecting your hard-earned assets. The concept of a handwritten Will, also known as a holographic will, may appear to be an attractive alternative, particularly if you are concerned about scheduling an appointment with an attorney or the perceived legal expenses. However, prior to drafting such a document, it’s imperative to understand whether handwritten Wills are legal in Michigan. Keep reading to learn about handwritten Wills and why collaborating with a knowledgeable Washtenaw County Wills Attorney is essential to ensure your estate plan is sound and accurately reflects your wishes.
Are Handwritten Wills Legal in Michigan?
First and foremost, it’s important to understand that a document is considered holographic when it’s entirely handwritten rather than typed. While most states don’t recognize holographic wills, they are legal in Michigan, provided they meet certain conditions.
Generally, Michigan law recognizes holographic wills if the material portions of the Will must be in the testator’s handwriting, and it must be signed and dated by the testator. Unlike a traditional Will, a holographic will doesn’t require witnesses, and it doesn’t need to be notarized.
It’s important to note that if a holographic will is contested, the court will require “clear and convincing” evidence that the testator intended the document to be their Will.
What Are the Risks of Creating a Handwritten Will?
Although handwritten Wills are legally recognized in Michigan, they are often more susceptible to ambiguity and legal challenges than professionally prepared documents. The lack of precise language and clarity in handwritten Wills can obscure the testator’s true intentions, potentially leading to disputes among beneficiaries and a more expensive probate process.
Handwritten Wills are also prone to errors and omissions. Individuals drafting these Wills may not be fully aware of all legal requirements and the intricacies of estate planning, which can result in the exclusion of necessary clauses. Additionally, establishing the authenticity of a holographic will can be difficult without witnesses if its validity is contested. This can cause delays in asset distribution and lead to legal battles.
Furthermore, professionally prepared Wills frequently include stipulations for tax planning, trusts, and other facets of estate planning, which a handwritten Will may neglect. This oversight can lead to unforeseen tax implications or inefficiencies in the management of the estate.
As you can see, creating a Will is incredibly important. However, if you fail to do so correctly, it can cost you big time down the road. At Collis, Griffor, & Hendra, we are prepared to ensure your Will is properly executed and accurately reflects your final wishes. Connect with our firm today to learn how we can assist you.