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Execution Requirements for a Michigan Will

 

By Jay Taylor, Attorney at Law

 

The execution of a will—the act of properly signing and finalizing it—is the moment that gives the document legal force. Michigan law prescribes clear steps to ensure the will’s validity and to prevent challenges later.

 

A will must first be in writing. Oral declarations or verbal instructions, no matter how sincere, cannot substitute for a written document. The testator must then sign the will or direct another person to sign it on their behalf in their presence. The placement of the signature near the end of the document is recommended to confirm the testator has approved all preceding terms.

 

The will must also be witnessed by two competent adults. Each witness must either observe the testator signing the document or hear them acknowledge their signature. The witnesses should sign soon afterward, ideally during the same session, to demonstrate continuity and authenticity.

 

Michigan’s probate code includes a limited “harmless error” rule, which allows courts to accept wills that do not strictly comply with these formalities if there is clear evidence of intent. Still, strict compliance remains the best practice.

By executing your will correctly—preferably under attorney supervision—you ensure that your estate plan will withstand scrutiny and spare your family the burden of legal uncertainty.