In Michigan, the process of creating a will involves specific witness requirements to ensure its validity. Under Michigan law, a will must be signed by the testator (the person making the will) in the presence of at least two witnesses who are not beneficiaries. This article provides three practical examples that illustrate these requirements clearly.
In this scenario, John, a resident of Michigan, decides to draft a simple will to dictate how his assets should be distributed after his death. He understands that having the right number of witnesses is crucial for the will to be valid.
John invites his neighbor, Sarah, and his colleague, Tom, to his home. In a well-lit living room, he presents his will and reads it aloud to them. After confirming that they understand its contents, John signs the will in their presence. Following this, both Sarah and Tom sign the document as witnesses, also in John’s presence. This straightforward approach ensures that John’s will meets Michigan’s legal requirements.
Notes:
Maria, a single mother in Michigan, wishes to create a will to designate guardianship for her child and specify her asset distribution. Due to scheduling conflicts, she cannot have both witnesses present at the same time. Maria’s attorney explains that this is permissible as long as both witnesses see her sign the will.
Maria arranges for her friend, Lisa, to come over first. Lisa watches as Maria signs the will, and then she signs it as a witness. Later that evening, Maria meets with her neighbor, Ben, who also witnesses her signing the will. He adds his signature afterward. This method satisfies Michigan’s witness requirements, even though the witnesses signed at different times.
Notes:
Due to the COVID-19 pandemic, many people have turned to remote methods for signing legal documents. In Michigan, remote witnessing is allowed if certain criteria are met. In this example, David is creating his will and wishes to include his childhood friend, Emma, as a witness, but she lives in another state.
David sets up a video call with Emma, ensuring that they can see and hear each other clearly. He prints out the will and signs it in front of his webcam, ensuring Emma can see the entire process. Following this, Emma signs the will on her own copy while also notarizing it. David later sends Emma a copy of the will that includes both their signatures. This method complies with Michigan’s remote witnessing requirements during the pandemic.
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These examples of Michigan will witness requirements illustrate the flexibility and importance of having proper witnesses to ensure the validity of a will. By adhering to these guidelines, individuals can effectively secure their estate planning needs.