Michigan’s Estates and Protected Individuals Code (EPIC) provides that a will is valid if it is in writing, witnessed, and signed by at least two other individuals. However, there are some exceptions to these general rules, in which a will can be legally valid even if not all of these requirements are met. One of these exceptions is the holographic will.
A holographic will is a will that is handwritten by the testator, or the person who is making the will. This is a valid will under Michigan law, so long as certain requirements are met:
- The will must be dated.
- The testator must sign the will.
- Material portions of the will must be in the testator’s handwriting.
- It is must be evident that the testator intended the document to be his or her will.
Material portions of a will include identification of the devisees, or individuals who receive property under the will, as well as the personal representative, or the individual who will handle the administration of the estate, and the individual who will have guardianship of the testator’s children. In determining whether a handwritten document qualifies as a holographic will, a court can look to other evidence, including documentation that is not in the testator’s handwriting.
Despite the validity of holographic wills, this type of will is not an ideal estate planning method. A holographic will creates a heightened possibility for dispute or contention over the provisions of the will. For example, a surviving relative of the testator may argue that the handwriting is a forgery, rather than the testator’s actual handwriting. There also could be incidents or pieces of evidence dated after the holographic will that appear to contradict it. The bottom line is that a holographic will should be avoided if at all possible.
Planning for your family’s future is a complex process that can involve many different options. However, most proper estate plans require at least a basic will. By answering some of your questions and addressing your concerns, it is our hope that we can help you create the estate plan that is best for you and your family, while avoiding common pitfalls such as the holographic will. At Legacy Law Center, we are here to advocate on behalf of all individuals and their families who need help planning for the future. Contact us today at (734) 995-2383, set up an appointment with one of our Michigan estate planning attorneys, and discover how we can help you and your family.
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