There are different types of wills that people may create under various circumstances. Most people concerned about their legacies or the protection of their loved ones make arrangements to create a will with an estate planning attorney.
A lawyer can advise people of what the law requires and what it prohibits. They can assist with the creation of effective and valid estate planning paperwork. Occasionally, people feel pressured to plan without support due to a sudden emergency or other unusual circumstances. They may create a handwritten or holographic will.
Are handwritten wills valid under Michigan probate laws?
Holographic wills can be valid
A handwritten will can potentially serve as a valid testamentary instrument, provided that the testator is of sound mind, physically signs the document and ideally hand-writes key portions of the will themselves in their own handwriting. Handwritten wills can be helpful in emergency scenarios, but they also create a host of challenges.
Family members might dispute the validity of the will, in part because they question the handwriting and signature on the documents. There’s also the risk of people failing to find or even intentionally destroying a holographic will.
Professionally-created documents are less likely to include terms that violate state law. Working with an attorney reduces the likelihood of a testator failing to meet the necessary legal standards imposed by state statutes. Attorneys can also assist with storage or retrieval of a will after a person passes.
Having support when drafting a will reduces the likelihood of other people failing to find it or violating its terms in the future. While some people in great distress may need to draft holographic or do-it-yourself wills, estate planning with a lawyer is usually the safest and most effective option.