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Testamentary Capacity in Michigan

 

By Jay Taylor, Attorney at Law

 

Before a will can be valid, the person making it must possess what Michigan law calls testamentary capacity. This standard ensures that only those who understand the nature of their decisions can determine how their estate will be distributed.

A person has testamentary capacity if, at the time of signing the will, they can:

 

• Understand that they are creating a will;
• Comprehend the nature and extent of their property;
• Recognize their natural heirs and beneficiaries; and
• Appreciate the effect of distributing their estate as written.

 

Capacity is measured at the moment the will is executed. Later memory loss, dementia, or other cognitive decline does not automatically invalidate a will that was properly signed while the testator was competent. However, if incapacity existed during execution, the will may be challenged.

 

Disputes over capacity often arise when an elderly or ill testator signs a will shortly before death. The best way to prevent such challenges is through clear documentation—such as medical evaluations, detailed notes, and the presence of independent witnesses.

 

Working with an attorney during execution not only strengthens the legal foundation of your will but also provides professional testimony, if needed, that the testator fully understood and intended their actions. Capacity protects both the individual’s autonomy and the integrity of the estate plan.