Last Will and Testament Template - Michigan
A Michigan Last Will and Testament is a legal form that allows an individual - also known as a Testator - to identify who should receive their property, elect guardians for their minor children, and put an agent in charge of carrying out their wishes. There are two other parties named in a will: an Executor (the agent appointed by a Testator to carry out the terms of the will), and a Beneficiary (a person deriving advantage from the will).
Preparing the document also minimizes tensions among surviving family members - battling over possessions can weaken what may have been a strong family. Download a ready-made form below or make your own one with our online template.
The Michigan Last Will is defined by § 700.1108(b) and regulated by Act 386 of 1998 (Estates and Protected Individuals Code) . The document must be signed by two or more people.
What Is a Last Will and Testament in Michigan?
A Last Will and Testament is a legal document that is written by a Testator to ensure that their estate will be distributed according to their wishes after their death. A Testator has to comply with certain requirements in order to be able to create a will.
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Age. A person must be over the age of 18 or an emancipated minor to legally be able to make a will.
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Testamentary capacity. A Testator must be of sound mind when composing their will. Having testamentary capacity means that the Testator has an understanding of what they are signing and are aware of the general nature and amount of property they own.
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Witnesses. All Last Wills must be signed and certified by a notary. Most states also require a legal will to be witnessed by least two people present during the signing of the document.
How to Write a Will and Testament in Michigan?
The Testator can choose what to include in a will. There are several main steps that the Testator must take to create their will in Michigan.
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Describe marital status and list all children. For the purposes of a will, the Testator must note whether they are married as well as whether they have any children - both those born to the Testator and those that have been legally adopted. All children and dependents must be included even if they are not given a portion of the Testator's assets.
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Elect Beneficiaries. The most important part of a Last Will is the appointment of beneficiaries. Beneficiaries are the individuals or organizations that will inherit the Testator's estate and property.
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Appoint a representative or an executor. An Executor must be appointed by the Testator in their will. The Executor will be in charge of carrying out the Testator's wishes concerning their property and will make sure that the beneficiaries get the correct portion of their inheritance as described in the will.
Download Last Will and Testament Template - Michigan