What are the legal requirements for making a will in my state?

In the state of Michigan, the legal requirements for making a will are outlined in the Michigan Probate Code. First, the will must be in writing. Second, the document must be signed by the person making the will (the “testator”) in the presence of two disinterested witnesses, with each witness also signing the will in the presence of the testator. The witnesses must be “disinterested” in the sense that they are not beneficiaries in the will or spouses of beneficiaries. Finally, the will must be attested and acknowledged by the testator before a qualified public official, such as a notary public. The Michigan Probate Code also outlines certain other requirements for a valid will. For example, the testator must be mentally competent when they make the will, meaning they have the capacity to understand the nature of the document they are signing and the estate they are disposing of. Additionally, the will must be executed voluntarily and without coercion or undue influence from another person. In Michigan, it is possible to make a “holographic will” – a will written, signed, and dated by the testator in their own handwriting. However, the signature must still be witnessed and acknowledged by a qualified official, in the same manner as a will typed or printed on paper. It is important to note that a will must be periodically updated to reflect the testator’s changing circumstances and preferences. If not, the will may become outdated or contain inaccurate information, rendering it invalid.

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What are the legal requirements for making a will in my state?

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