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How to write your own Will (and why you shouldn’t)
Episode 50
What You’ll Learn in This Episode
What a Holographic Will Is
- A handwritten Will, entirely, or mostly, in the testator’s handwriting, signed and dated
- Allowed in some states, including Michigan
- Often valid on paper, messy in reality
Michigan’s Requirements (for validity)
A handwritten Will is valid in Michigan if it:
- Is dated
- Is signed by the testator
- Has material portions in the testator’s handwriting
That’s the bare minimum, not a guarantee that the document will do what you think.
What a Will Actually Controls
Not everything you own is governed by your Will. Some assets bypass probate entirely.
Assets controlled by your Will:
- Individually owned property without a beneficiary designation
Assets that bypass your Will:
- Jointly owned property
- Retirement accounts with beneficiary designations
- Assets with payable-on-death instructions
Example: A 401(k) will follow the beneficiary designation, even if your Will says otherwise.
If you want a change, update the form. Your Will does not override it.
How to Structure a Handwritten Will (in an Emergency)
Jill walks through a step-by-step handwritten format, including:
- Clear declaration of intent
- Definition of “Property” to simplify later references
- Appointment of an Executor and successor
- A single beneficiary and a clear backup
- A default clause referencing intestacy laws
Plus a final affirmation sentence to prevent challenges to handwriting authenticity
When Notarizing Helps
- Not required in Michigan
- But adds credibility and makes it harder to dispute the signature
- Requires a notary “block” with specific language
Why Complexity Is the Enemy of DIY Wills
The episode offers six pitfalls that almost always blow up handwritten Wills:
- Gifts to minors
- Attempting to create a trust
- Gifts to individuals that interfere with eligibility for government benefits
- Multiple beneficiaries
- Joint ownership of sentimental items
- Emotional or poetic language
DIY Wills explode when they try to do too much.
If you must write your own, keep it brutally simple.
Resources & Links
Visual guide: Probate vs. Non-Probate Assets
Sample language for a Michigan handwritten Will
Episode 36: When Transfer-on-Death Deeds Promise to Avoid Probate but Create Chaos
Episode 38: Why You Need (or Don’t Need) a Will
Estate Plan Audit — Translate your lawyer-written Will into English and verify whether it does what you think: www.deathreadiness.com/audit
Connect with Jill:
- Website: DeathReadiness.com
- Email: jill@deathreadiness.com
- Learn more about Jill’s services
- Subscribe to the Death Readiness Dispatch!
- Submit a question for Tuesday Triage
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Published on 1 day, 17 hours ago