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Holographic (Handwritten) Wills in Michigan

 

By Jay Taylor, Attorney at Law

 

Michigan recognizes holographic wills—wills written entirely in the testator’s handwriting—even if they lack witnesses. These handwritten wills can be valid, but they must meet strict requirements.

 

• A holographic will must:
• Be dated;
• Be signed by the testator; and
• Have its material portions—such as the names of beneficiaries and the distribution of property—written in the testator’s own handwriting.

While this option may seem convenient, holographic wills often cause problems. Without legal guidance, they can omit key clauses such as revocation of prior wills, appointment of a personal representative, or instructions for taxes and debts. Handwritten language can also lead to ambiguity, and unclear intent may invite family disputes or litigation.

 

If the handwriting or signature is challenged, the court may require testimony from handwriting experts or witnesses familiar with the testator’s writing. This can make probate slower and more expensive.

 

For these reasons, while a holographic will may be legally recognized in Michigan, a formally executed, attorney-prepared will is almost always preferable. It provides clarity, efficiency, and protection for your loved ones when it matters most.