A holographic will is another type of estate planning document, but we have a hard time recommending it. There are a few key differences between this type of document and a traditional will, and not being sure of exactly what you are doing can cause significant issues down the road. A Washtenaw County wills attorney can advise you on other options.
How Does a Holographic Will Differ From a Traditional Will?
A holographic will is an alternative to the traditional document. It has fewer requirements than a normal will, but there are still rules about what makes it valid. A holographic will is only binding if you can show that:
- The person who passed away wrote the will
- They were in their right mind when the will was written
- The document contains their plans to distribute their property to beneficiaries
Unlike a normal will, this document does not need to be notarized. There is also no requirement for witnesses, but you can have them. The main factor used to authenticate these documents is the handwriting and signature of the testator.
Does Michigan Accept a Holographic Will?
Some states do not accept this kind of document, but Michigan can accept a holographic will just like it was a normal will. We still do not recommend it though. Due to how these documents are created, your family could run into problems and legal headaches after you pass away.
Are There Drawbacks to This Kind of Will?
The main issue is that the only way to validate this will is through its signature. What if the handwriting on a holographic will look different than your normal handwriting? Any family member who thinks this can easily challenge the document and whatever plans you have made to divide up your assets.
The witness requirement of a traditional will just makes it easier to verify. The two witnesses present cannot have a stake in your will, so they have no reason to lie about mental competence or your final wishes. There is just no such protection available when you choose a holographic will instead.
Another problem is that people often write a holographic will as a draft, meaning to go back to it later. If you pass away with an incomplete document, that’s going to cause issues. Your property will probably have to go through the probate process, so your assets might not even go to the beneficiaries you would have chosen on your own. We recommend just writing a will and making sure that it’s complete in one sitting. Then you can update it later on when major life events demand a change.
Schedule a Meeting With Our Estate Lawyers
If you are interested in making an estate plan of your own, contact Collis, Griffor & Hendra. We want to hear about your priorities and what you want to do with your assets. Then we can help you make a plan that achieves your goals. Talk to an experienced estate planning lawyer today.
