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The Role of Witnesses in a Michigan Will

 

By Jay Taylor, Attorney at Law

 

Witnesses provide one of the most vital safeguards in the creation of a will. Their signatures attest that the testator voluntarily executed the document, free from coercion or undue influence. In Michigan, the presence of two competent witnesses is required for a formal will to be valid.

 

Witnesses must be adults of sound mind. They must observe the testator sign the will or hear the testator acknowledge their signature. Both witnesses should sign the will within a reasonable time of that acknowledgment, and ideally in each other’s presence. Their role is not to review or understand the content of the will, but simply to confirm that the testator knowingly and freely signed it.

 

To avoid potential conflicts, it is best to choose witnesses who are not beneficiaries under the will. While Michigan does not automatically disqualify a witness who inherits, doing so may raise questions about undue influence.

 

If the will is ever contested, witnesses may be called to testify in probate court about the signing process. Having credible, disinterested witnesses—and ideally a lawyer overseeing the execution—provides the strongest protection against later disputes.

 

Proper witnessing ensures that your final wishes are respected and that your will carries the authority Michigan law requires.