Is a Holographic Will Valid in Michigan?

When it comes to planning your estate, you might have heard of a holographic will—essentially, a handwritten will. While a holographic will is valid in Michigan.

To meet legal requirements, the material portions of a holographic will must be handwritten by the testator — the person making the will — and include their signature and date. While the rules may seem simple, it’s essential to understand them to ensure your wishes are followed.

At Bassett Murray Law Group, PLLC, we’ve spent over 30 years helping Michigan families with estate planning.

Whether it’s a traditional will or a holographic will, we’re invested in improving lives by providing clarity and peace of mind.

What Is a Holographic Will?

A holographic will is simply a handwritten document that lays out your wishes for how your property and belongings should be handled after you pass away.

Unlike other types of wills, it doesn’t need witnesses to be valid. However, it does need to meet some specific requirements, which we’ll cover next.

Michigan Law on Holographic Wills

Michigan does accept holographic wills. Their rules are spelled out in Section 700.2502 of the Michigan Estates and Protected Individuals Code (EPIC). But just because they’re allowed doesn’t mean they’re simple.

To be valid, a holographic will in Michigan must meet these conditions:

1. Entirely Handwritten: The will must be written entirely in the testator’s handwriting. Preprinted forms with handwritten notes usually don’t cut it.
2. Signed by the Testator: Your signature is required, and it’s best to place it at the end of the document to avoid any confusion about its completeness.
3. Dated: A precise date must be included to establish when the will was created. This can help resolve conflicts if multiple wills exist.
4. Testamentary Intent: The will needs to clearly express your intention for it to serve as your last will and testament. Vague or unclear wording can lead to disputes.

Disadvantages of Handwritten Wills

While the simplicity and convenience of holographic wills may seem appealing, holographic wills come with some significant downsides.

Higher Risk of Challenges

Handwriting can be difficult to authenticate; without witnesses, it’s easier for someone to contest the will. Questions about the testator’s mental state or claims of undue influence can also arise.

Potential for Ambiguity

Legal wording matters. Handwritten wills often lack the precision needed to avoid disputes. For example, a phrase like “divide equally among my children” could lead to arguments over what “equally” means if there are other complicating factors.

May Be Less Comprehensive

Without legal guidance, holographic wills often leave gaps. For example, you might forget to name a guardian for your minor children or address taxes and debts, creating unintended problems for your heirs.

How to Ensure Your Wishes Are Respected (with a Holographic Will)

If you’re considering a holographic will, it’s crucial to recognize the risk of disputes and errors:

• Lack of Legal Certainty: Writing a holographic will by hand might seem simple, but it’s easy to miss important legal requirements. If you don’t follow the rules precisely—such as signing and dating it correctly—your will could be considered invalid, and your wishes might not be honored.
• Unclear Instructions: Without legal guidance, you could end up using vague language or unclear instructions that leave room for interpretation. This can lead to confusion among your heirs and make it harder for the court to determine your true intentions.
• Vulnerability to Disputes: Even though a self-proving affidavit isn’t required, not having one could leave your holographic will more vulnerable to legal challenges. Without professional help, you may lack the proper steps to establish its authenticity, causing unnecessary delays or conflicts among your beneficiaries.
• No Room for Complexity: Holographic wills are better suited for simple estates. If your estate is complex—like having various assets, multiple beneficiaries, or special instructions—creating a will without expert help could easily lead to mistakes that disrupt your estate plan.

Legal support can make all the difference to ensure your will is comprehensive and clear, and your intentions are upheld.

Have Questions About Holographic Wills in Michigan? Contact Us

Estate planning can feel overwhelming, but you don’t have to go it alone. At Bassett Murray Law Group, PLLC, we’re here to guide you through every step of the process.

Whether you’re considering a holographic will or exploring other estate planning options, we’ll work with you to create a plan that reflects your wishes and provides peace of mind.

Give us a call today at 734-930-9200 in Ann Arbor or 231-427-2292 for our Petoskey office. Let’s ensure your family’s future is secure and protected—we’re invested in improving lives.