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The Legal Elements of a Will in Michigan

 

By Jay Taylor, Attorney at Law

 

A Last Will and Testament is more than a document—it is your voice after death. In Michigan, certain legal elements must be satisfied before a will can be recognized as valid by a probate court. These requirements ensure authenticity and prevent disputes among heirs.

 

To begin, Michigan law requires that the person making a will, known as the testator, be at least eighteen years old and of sound mind. The will must be in writing—either typed, printed, or handwritten—and signed by the testator. If the testator cannot sign personally, another individual may sign at their direction and in their presence. The signature should appear at or near the end of the document to confirm finality.

 

Equally important are witnesses. Michigan requires two competent witnesses who either see the testator sign the will or hear the testator acknowledge their signature. Each witness must then sign the will within a reasonable time. Witnesses serve as a safeguard against fraud, verifying that the testator acted voluntarily and understood the nature of the document.

 

Finally, the will must demonstrate testamentary intent—that is, a clear intention to dispose of property upon death. Without this, a court cannot enforce it as a will. By meeting these requirements, your will ensures that your property passes according to your wishes, rather than through Michigan’s default intestacy laws.

 

Creating a valid will with the assistance of an experienced attorney provides peace of mind that your final wishes will be respected and your loved ones protected.