Holographic Will
Understand the Risks and Benefits of a Holographic Will
What is a Holographic Will?
A Holographic Will is a will that does not require a witness under the Michigan State law. Under MCL 700.2502(2) a will that skips standard witness requirements is still valid as a Holographic will only if the will is dated and signed by the testator in their handwriting, and if the material portion of the will are in the testator’s own hand writing. A Holographic will only comes up when an individual did not have access to legal help or any witness at the time they needed to put their wishes in writing.
Key characteristics of a Holographic Will include:
The entire will must be written by hand by the testator.
Unlike other types of wills, a Holographic Will does not require witnesses to be legally valid in certain jurisdictions.
The testator must sign the will, and it should include the date of its creation.
The Benefits of a Holographic Will
A Real Michigan Case on Holographic Wills
A Real Michigan Case on Holographic Wills
The validity of a holographic will has been challenged in the MIchigan court under the case of In re Estate of Horton (2018). The Michigan court considered a note left by the descendent that pointed to an electronic record of their wishes. The handwritten note was not a full-fledged will and the electronic note did not meet the handwritten requirements under MCL 700.2502.(2). To determine intent, the court had to rely on evidence surrounding the document.
The lesson here for Michigan families is that even when the intent is clear, if the document does not meet the handwriting and signing requirements the statute mandates, it can end up in probate court. During this time, the judge determines what the person actually meant. This is exactly why a properly drafted will is designed to prevent unwanted expense and delays.
The Risks of a Holographic Will
Holographic Will
How to Create a Holographic Will
If you choose to create a Holographic Will, follow these steps to ensure it is as legally sound as possible:
1. Write the Will by Hand
The entire document must be handwritten by you, the testator. Typed or printed wills do not qualify as Holographic Wills.
2. Include Key Information
Clearly state your name, the date of the will's creation, and a declaration that the document is your will.
3. Specify Beneficiaries
Clearly outline how you want your assets distributed, including specific bequests to individuals or organizations.
4. Appoint an Executor
Designate a trusted individual to manage your estate and ensure your wishes are carried out.
5. Sign and Date the Will
Your signature and the date are essential to validate the will. Ensure these are included at the end of the document.
6. Store the Will Safely
Keep your Holographic Will in a secure location where it can be easily found by your executor or loved ones.
How to Create a Holographic Will
The entire document must be handwritten by you, the testator. Typed or printed wills do not qualify as Holographic Wills.
Clearly state your name, the date of the will's creation, and a declaration that the document is your will.
Clearly outline how you want your assets distributed, including specific bequests to individuals or organizations.
Designate a trusted individual to manage your estate and ensure your wishes are carried out.
Your signature and the date are essential to validate the will. Ensure these are included at the end of the document.
Keep your Holographic Will in a secure location where it can be easily found by your executor or loved ones.
Why Choose The People's Firm?
We take the time to understand your unique circumstances and provide tailored estate planning solutions.
Our attorneys stay up-to-date on the latest estate planning laws and best practices to ensure your documents are legally sound and effective.
In addition to Holographic Wills, we offer a full range of estate planning services, including traditional wills, trusts, and more.
We are here to support you through every stage of the estate planning process, from initial consultation to periodic updates and revisions.
Contact Us Today
Understand the risks and benefits of a Holographic Will and ensure your estate plan is legally sound. Contact The People’s Firm today to schedule a consultation with one of our experienced estate planning attorneys. We are committed to helping you create a plan that reflects your wishes and provides peace of mind for the future.
For more information on our estate planning services, visit our dedicated pages on Wills and Trusts.