Creating a Michigan will can put a testator in control of their legacy. It can provide protection for their children and other dependents. It also allows them to designate a specific person to act as their personal representative during estate administration.
A will has significant legal authority, which is why ensuring that it is valid and enforceable is of the utmost importance. Michigan requires witnesses to confirm that the person who creates a will is who they claim to be and competent to make decisions regarding their legacy.
What specific witness requirements does Michigan impose?
Contrary to what some people assume, a notary’s seal is not a requirement for a Michigan will. Testators can have any two competent adults serve as their witnesses.
It is generally beneficial to select disinterested witnesses who are not named among the beneficiaries of the estate. Interested witnesses do not necessarily invalidate the will, but they could strengthen attempts to contest it in court later.
Witnesses do not need to be physically present when a testator signs the will. The witnesses who sign only need to affirm the identity and mental state of the testator after they present the document and validate that they previously signed it and fully understand its contents. The witnesses can help resolve disputes about fraud, undue influence or a lack of capacity if there are concerns after the testator passes.
Working with an attorney when drafting or updating a will can help people ensure that they comply with all relevant Michigan statutes. Witness requirements are among multiple statutory standards that a will must meet to be valid after a person dies.