Michigan's Statutory Will Requirements
Creating a Will is one of the basic steps to ensuring your loved ones are cared for after you're gone. In Michigan, one options that simplifies the process is a Statutory Will. This legal document offers a straightforward way to express your final wishes without the complexities of drafting a custom will. In this post, the Michigan estate planning attorneys at Thompson Legal explore the requirements for creating a Michigan Statutory Will and share how it can be a valuable tool in your estate plan.
What Is a Michigan Statutory Will?
A Michigan Statutory Will, also known as a "Formal Will" or "Michigan Statutory Will Form," is a pre-printed, fill-in-the-blank will form provided by the state of Michigan. It is designed to help individuals create a basic, legally valid will without the need for extensive legal assistance. However, it may not suit everyone's estate planning needs, especially those with complex assets or specific wishes.
Requirements for a Michigan Statutory Will:
To create a valid Michigan Statutory Will, you must meet the following requirements:
Capacity: You must be of sound mind and at least 18 years old to create a Statutory Will in Michigan. Capacity means you understand the nature and extent of your property and the people who would naturally inherit your estate.
Proper Execution: The Michigan Statutory Will Form must be executed correctly to be valid. This means:
You must sign the will in the presence of two witnesses.
The two witnesses must also sign the will in your presence and in the presence of each other.
The will must include a self-proving affidavit, which requires the signatures of you and your witnesses to be notarized.
Revocation of Previous Wills: Your Statutory Will should include a clause revoking any prior wills or codicils you have executed.
Witnesses' Acknowledgment: Your witnesses must acknowledge that they understand the role they play in executing your will and the importance of their signatures.
Notarization: The self-proving affidavit included in the Statutory Will Form must be notarized by a notary public.
Form Link:
Access to Michigan’s Statutory Will Form can be found here (Do-It-Yourself Will | Michigan Legal Help)
Final Thoughts:
While a Michigan Statutory Will offers a simplified approach to estate planning, it may not address all the nuances of your unique situation. For individuals with complex assets, blended families, or specific wishes, consulting with an experienced estate planning attorney is advisable. Contact Thompson Legal to create a customized will or explore other estate planning tools to ensure your legacy is protected.
This blog is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with an estate planning attorney about your case Contact Us at (734) 743-1646 to schedule a consultation.
