What is required to execute a will in Michigan?

| May 5, 2021 | Estate Planning |

A will is an important testamentary document that can help a person communicate their wishes for the distribution of their end-of-life estate. There are other reasons that Michigan residents may wish to execute wills, but many individuals decide to prepare their last wills and testaments because they want some level of control over how their property is distributed when they die.

To create and execute a valid will, a Michigan resident must follow certain procedural requirements. This post will introduce readers to some of those requirements, but no part of this post should be read as legal advice. Estate planning attorneys can assist their clients with the preparation of their testamentary documents, including wills.

Requirements for executing wills in Michigan

One requirement that individuals must meet in order to draft valid wills is attaining adulthood. Only individuals who are at least 18 years of age may draft and execute valid wills. Minors are prohibited from engaging in such legal processes.

Another requirement for drafting a well in Michigan is possessing testamentary capacity. Testamentary capacity relates to an individual’s ability to understand what their will says and what it will accomplish when it is put into practice. If a person is not of sound mind and does not possess testamentary capacity, any will that they execute may be deemed invalid by the courts.

A final requirement that Michigan residents must fulfill to execute valid wills is the signatures of two witnesses. Witnesses who sign the wills of others testify that the wills’ creators are willing and able participants in the practice of executing their testamentary documents. The failure of a will to possess two witness signatures may deem the will invalid in probate.

Getting it right during the execution of testamentary documents

Wills are important testamentary documents, but estate plans often contain multiple legal tools to ensure that individuals’ full intentions are met after they have died. A knowledgeable local estate planning attorney can provide their client with comprehensive guidance on how to accurately and effectively execute a will and other important legal tools.