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What is required to create a legal will?

On Behalf of | Jun 26, 2018 | Wills & Trusts

You probably have heard that having a will is a very good idea. It will make things much easier on those you leave behind when you die. It helps the state know what to do with your assets and can be used to assure minor children are taking care of according to your wishes. Of course, for a will to be valid, it must be legal and meet the conditions of Michigan law.

According to the Michigan Legislature, for a will to be legal, it must meet specific requirements. All of the requirements must be met. It begins with putting the will in writing. An oral statement cannot be considered a legal will in the state.

You also must sign the will or have someone sign it for you under your direction if you cannot sign it yourself. It also has to be signed by two other people who are considered witnesses. These people need to have seen you sign the will. Their signatures are swearing that you did sign the will on your own accord or that you directed someone else to sign the will for you.

Alternatively, you can create a holographic will if you have signed and dated a will that you have handwritten. You do not need witnesses for this type of will.

It may be possible for someone to claim a document as a will even if it does not meet the above requirements. However, by having a legal, documented will on file with the person managing your estate should take priority over any other claims. This information is for education and is not legal advice.