Michigan Will and Trust Laws: Witnesses, Holographic Wills (2026)

Under Michigan law, an individual 18 or older with sufficient mental capacity may make a will (MCL 700.2501), and a witnessed will must be in writing, signed by the testator, and signed by at least two witnesses, each within a reasonable time after seeing the testator sign or acknowledge the signature or the will (MCL 700.2502(1)). No notary is needed for validity. Living trusts are governed by the Michigan Trust Code, Article VII of the Estates and Protected Individuals Code (EPIC).

Besides the witnessed will, Michigan accepts a dated holographic will with the signature and material portions in the testator's handwriting, and a court can treat a defectively executed document as a will on clear and convincing evidence of intent (MCL 700.2503). For how other states compare, see wills and trusts laws by state.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Michigan statutes on making, signing, changing and revoking wills (EPIC Article II, Parts 3 and 5, and related sections) and on revocable living trusts (the Michigan Trust Code, EPIC Article VII). It does not cover what happens when someone dies without a will or how estate administration works (see Michigan probate), small-estate procedures (see the Michigan small estate affidavit page), powers of attorney (see Michigan power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Michigan advance directive tool.

What makes a will valid in Michigan?

Age and capacity. Under MCL 700.2501(1), "An individual 18 years of age or older who has sufficient mental capacity may make a will." Section 2501(2) spells out the test. An individual has sufficient mental capacity if all of the following are met:

• "(a) The individual has the ability to understand that he or she is providing for the disposition of his or her property after death."
• "(b) The individual has the ability to know the nature and extent of his or her property."
• "(c) The individual knows the natural objects of his or her bounty."
• "(d) The individual has the ability to understand in a reasonable manner the general nature and effect of his or her act in signing the will."

The witnessed will. Section 700.2502(1) sets the formal rule:

"(1) Subject to section 1202, and except as provided in subsection (2) and in sections 2503, 2506, and 2513, a will is valid only if it is all of the following: (a) In writing. (b) Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction. (c) Signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will as described in subdivision (b) or the testator's acknowledgment of that signature or acknowledgment of the will." (MCL 700.2502(1))

The witness rule is built around what each witness saw, not where each witness signed. Each witness must have witnessed the testator sign, or the testator's acknowledgment of the signature or of the will, and must then sign "within a reasonable time." Subsection (1)(c) contains no requirement that the witnesses sign in the testator's presence or in each other's presence.

Who can be a witness. Under MCL 700.2505, "(1) An individual generally competent to be a witness may act as a witness to a will. (2) The signing of a will by an interested witness does not invalidate the will or any provision of it." A beneficiary who witnesses a Michigan will does not lose the gift because of it.

Gifts to the drafting attorney. A separate rule reaches the lawyer who writes the document. Under MCL 700.1216(1), "Any part of a governing instrument that directly or indirectly makes a substantial gift to an attorney who drafted the governing instrument or a person related to the attorney who drafted the governing instrument is void unless the attorney who drafted the governing instrument or the person related to the attorney who drafted the governing instrument is related to the individual making the substantial gift." Under 1216(2), the rule does not apply to a provision appointing the drafting attorney, or a person related to the attorney, as a fiduciary.

The Michigan statutory will. EPIC contains a fill-in statutory will form. Under MCL 700.2519(1), "A will executed in the form prescribed by subsection (2) and otherwise in compliance with the terms of the Michigan statutory will form is a valid will." Anyone printing and distributing the form must reproduce it verbatim as it appears in subsection (2). This page does not reproduce it.

Wills signed in another state

Under MCL 700.2506, "A written will is valid if executed in compliance with section 2502 or 2503, with the law at the time of execution of the place where the will is executed, or with the law of the place where, at the time of execution or at the time of death, the testator is domiciled, has a place of abode, or is a national."

Does a Michigan will need to be notarized? The self-proving option

A notary is not part of the 700.2502 signing rule. Notarization comes in through the self-proving procedure in MCL 700.2504, which can be done in two ways:

• At signing. Under 2504(1), "A will may be simultaneously executed, attested, and made self-proved by acknowledgment of the will by the testator and 2 witnesses' sworn statements, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal."
• Later. Under 2504(2), "An attested will may be made self-proved at any time after its execution by the acknowledgment of the will by the testator and the sworn statements of the witnesses to the will, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will."

The statutory forms for the acknowledgment and sworn statements are set out in section 2504 itself, with a codicil form in 2504(3); this page does not reproduce them. How a self-proved will is handled when it is offered for probate is covered on the Michigan probate page.

Depositing the will with the probate court. Under MCL 700.2515(1), a will in writing enclosed in a sealed wrapper "may be deposited by the individual making the will, or by a person for him or her, with the court in the county where the testator resides." After death, under MCL 700.2516, a custodian of a will "shall forward it to the court having jurisdiction with reasonable promptness after the death of the testator," and a person who neglects this duty without reasonable cause "is liable for damages that are sustained by the neglect." Delivery is made personally or by registered mail, and a person who willfully refuses or fails to deliver a will or codicil after the court orders delivery "is guilty of contempt of court and subject to the penalty for contempt" (700.2516).

Are handwritten (holographic) wills valid in Michigan?

Yes. Under MCL 700.2502(2):

"A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if it is dated, and if the testator's signature and the document's material portions are in the testator's handwriting." (MCL 700.2502(2))

Three elements must all be present: a date, the testator's handwritten signature, and the material portions in the testator's handwriting. The whole document does not have to be handwritten. Section 2502(3) adds that intent that a document is the testator's will "can be established by extrinsic evidence, including, for a holographic will, portions of the document that are not in the testator's handwriting."

Tangible personal property lists

Michigan also lets a will point to a separate list for personal items. Under MCL 700.2513, "Whether or not the provisions relating to a holographic will apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be either in the testator's handwriting or signed by the testator at the end, and must describe the items and the devisees with reasonable certainty."

Michigan's harmless-error rule

In Michigan, a court can save a document that misses the formal requirements. MCL 700.2503 provides:

"Although a document or writing added upon a document was not executed in compliance with section 2502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute any of the following: (a) The decedent's will. (b) A partial or complete revocation of the decedent's will. (c) An addition to or an alteration of the decedent's will. (d) A partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the decedent's will." (MCL 700.2503)

The Michigan Court of Appeals has read the section broadly. In In re Estate of Horton (Mich. Ct. App. No. 339737, July 17, 2018), the court stated that "MCL 700.2503 is an independent exception to the formalities required under MCL 700.2502(1)," and that under it, "while the proposed will must be a document or writing, there are no specific formalities required for execution of the document, and any document or writing can constitute a will, provided that the proponent of the will presents clear and convincing evidence to establish that the decedent intended the document to constitute his or her will."

The burden is the point. Section 2503 does not create a way to sign a will; it lets the person offering an irregular document try to prove the decedent's intent by clear and convincing evidence after death. A will signed under 700.2502(1) does not need that proof.

Are oral (nuncupative) wills valid?

No. Section 700.2502(1)(a) requires a will to be "In writing," and Part 5 of Article II of EPIC (sections 700.2501 to 700.2519) contains no section authorizing an oral will. The exceptions 2502(1) itself lists (holographic wills, the harmless-error rule, wills valid under another place's law, and tangible personal property lists) all concern a written document.

Electronic wills and remote witnessing

No electronic-will statute. Section 700.2502(1) requires a will "In writing," and Michigan's Uniform Electronic Transactions Act does not fill the gap: under MCL 450.833(2)(a), except as section 18a provides, the act "does not apply to a transaction to the extent it is governed by either of the following: (a) A law governing the creation and execution of wills, codicils, or testamentary trusts."

The pandemic audiovisual rule has expired. MCL 700.1202 allowed "the act of signing or witnessing the execution of a document or instrument under this act, including, but not limited to, a will under article II" to be satisfied by "2-way real-time audiovisual technology" if the section's requirements were met. The legislature's heading for the section states that it "applies April 30, 2020 until July 1, 2021." It is not available for a will signed today, even though 700.2502(1) still begins with the words "Subject to section 1202."

A pending bill. House Bill 5701 of 2026, described as "Probate: wills and estates; electronic signature of wills; allow," would amend section 2502 and add a section 2504a. It was introduced and referred to the House Committee on Judiciary in March 2026. It is not law, and the rules above still govern.

Changing or revoking a Michigan will

How a will is revoked

Under MCL 700.2507(1), a will or part of a will is revoked by either of these acts:

"(a) Execution of a subsequent will that revokes the previous will or a part of the will expressly or by inconsistency. (b) Performance of a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or a part of the will or if another individual performed the act in the testator's conscious presence and by the testator's direction." (MCL 700.2507(1))

A "revocatory act on the will" includes "burning, tearing, canceling, obliterating, or destroying the will or a part of the will," and "A burning, tearing, or canceling is a revocatory act on the will, whether or not the burn, tear, or cancellation touches any of the words on the will."

Under MCL 700.2508, "Except as provided in sections 2802 to 2809, a change of circumstances does not revoke a will or a part of a will."

Reviving an earlier will

Under MCL 700.2509(1), if a later will that wholly revoked an earlier one is itself revoked by a revocatory act, "the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed."

Divorce and annulment

Divorce does not revoke the whole will. MCL 700.2807(1) provides:

"Except as provided by the express terms of a governing instrument, court order, or contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marriage does all of the following: (a) Revokes all of the following that are revocable: (i) A disposition or appointment of property made by a divorced individual to his or her former spouse in a governing instrument and a disposition or appointment created by law or in a governing instrument to a relative of the divorced individual's former spouse." (MCL 700.2807(1))

Three conditions travel with the rule. It reaches only dispositions that are revocable; it reaches gifts to the former spouse's relatives as well as to the former spouse; and it yields to the express terms of the instrument, a court order, or a contract between the divorced individuals dividing the marital estate. Section 2807 is written in terms of a "governing instrument," not only a will. Under MCL 700.1104(m), a governing instrument means "a deed; will; trust; funeral representative designation; insurance or annuity policy; account with POD designation; security registered in beneficiary form (TOD); pension, profit-sharing, retirement, or similar benefit plan; instrument creating or exercising a power of appointment or a power of attorney; or dispositive, appointive, or nominative instrument of any similar type." So, subject to the same three conditions, the rule also reaches revocable dispositions to the former spouse or the spouse's relatives in a revocable trust and in beneficiary designations such as life insurance, payable-on-death and transfer-on-death accounts, and retirement plans.

The section does more. It also revokes a power of appointment given to the former spouse or a relative of the former spouse, and a nomination of either to serve as personal representative, executor, funeral representative, trustee, conservator, agent, guardian or in another fiduciary or representative capacity (2807(1)(a)(ii)-(iii)). It severs a joint tenancy with right of survivorship between the former spouses into a tenancy in common (2807(1)(b)). Each provision revoked solely by section 2807 "is revived by the divorced individual's remarriage to the former spouse or by a nullification of the divorce or annulment" (2807(4)).

Federal law limits the rule for some plans. For employer benefit plans governed by the federal Employee Retirement Income Security Act (ERISA), the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that ERISA pre-empts a state statute revoking a spouse's beneficiary designation on divorce, as applied to those plans. The wills and trusts hub covers that federal rule.

Marriage after the will

A later marriage does not revoke the will, but it gives the new spouse a minimum share. Under MCL 700.2301(1), except as subsection (2) provides, if a testator's surviving spouse married the testator after the will was executed, the spouse "is entitled to receive, as an intestate share, not less than the value of the share of the estate the surviving spouse would have received if the testator had died intestate" as to the part of the estate not devised to the testator's children born before the marriage who are not the surviving spouse's children (and the other property 2301(1) excludes). Subsection (2) lists the exceptions.

Children born or adopted after the will

Section 700.2302 gives an omitted after-born or after-adopted child a share of the estate. Under 2302(2), that rule does not apply if "(a) It appears from the will that the omission was intentional" or "(b) The testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be a substitute for a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence." Under 2302(3), a living child left out "solely because he or she believes the child to be dead" shares as if the child were an omitted after-born or after-adopted child. The intestate shares these sections refer to are explained on the Michigan probate page.

If a beneficiary dies first

Under MCL 700.2603(1), the anti-lapse rule applies when a devisee who fails to survive the testator "is a grandparent, a grandparent's descendant, or a stepchild of either the testator or the donor of a power of appointment exercised by the testator's will." For a gift that is not a class gift, under 2603(1)(a) and except as subdivision (d) provides, "a substitute gift is created in the devisee's surviving descendants," who "take by representation the property to which the devisee would have been entitled had the devisee survived the testator."

Limits on what a Michigan will can do

Spouse's election. Under MCL 700.2202(2), the surviving spouse of a decedent who was domiciled in Michigan and who dies testate may file a written election to abide by the will or to "take 1/2 of the sum or share that would have passed to the spouse had the testator died intestate, reduced by 1/2 of the value of all property derived by the spouse from the decedent by any means other than testate or intestate succession upon the decedent's death." Under 2202(3), the right "must be exercised during the lifetime of the surviving spouse," and "The election must be made within 63 days after the date for presentment of claims or within 63 days after service of the inventory upon the surviving spouse, whichever is later." Under MCL 700.2205, the right of election, along with the spouse's intestate share and allowances, "may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the party waiving after fair disclosure."

Omitted spouse and child. Sections 2301 and 2302, described above, protect a spouse married after the will and a child born or adopted after it.

No-contest clauses. Under MCL 700.2518, "A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings." Trusts have a parallel rule. Under MCL 700.7113, a provision in a trust that purports to penalize an interested person for contesting the trust or instituting another proceeding relating to it "shall not be given effect if probable cause exists for instituting a proceeding contesting the trust or another proceeding relating to the trust."

Revocable living trusts in Michigan

The trust code

Michigan's trust law is the Michigan Trust Code, Article VII of EPIC, added by 2009 Public Act 46 effective April 1, 2010. Under MCL 700.7103(h), "Revocable", as applied to a trust, "means revocable by the settlor without the consent of the trustee or a person holding an adverse interest," and "A trust's characterization as revocable is not affected by the settlor's lack of capacity to exercise the power of revocation."

Creating a trust

Under MCL 700.7402(1), "A trust is created only if all of the following apply: (a) The settlor has capacity to create a trust. (b) The settlor indicates an intention to create the trust. (c) The trust has a definite beneficiary or is either of the following: (i) A charitable trust. (ii) A trust for a noncharitable purpose under section 7409 or a trust for the care of an animal under section 7408. (d) The trustee has duties to perform. (e) The same person is not the sole trustee and sole beneficiary."

The Michigan Trust Code adds no witness or notary requirement for a revocable trust. A written instrument is not always required either. Under MCL 700.7407, "Except as required by a statute other than this article, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence."

Land is the main exception. Michigan's statute of frauds, MCL 566.106, provides that no "trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by some person thereunto by him lawfully authorized by writing."

Capacity

Under MCL 700.7601, "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable by default, and how to revoke or amend

Under MCL 700.7602(1), "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust." The subsection then lists three kinds of trusts it does not apply to: "(a) A trust created under a trust instrument executed before April 1, 2010. (b) A trust created by the exercise of a power described in section 7820a. (c) A trust created by the exercise of a power of appointment held by a trustee in a fiduciary capacity."

Section 7602(3) sets the methods:

"(3) The settlor may revoke or amend a revocable trust in any of the following ways: (a) By substantially complying with a method provided in the terms of the trust. (b) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, in either of the following ways: (i) If the trust is created pursuant to a writing, by another writing manifesting clear and convincing evidence of the settlor's intent to revoke or amend the trust. (ii) If the trust is an oral trust, by any method manifesting clear and convincing evidence of the settlor's intent." (MCL 700.7602(3))

Section 7602(3) does not list a later will as a separate method of revoking or amending a revocable trust.

Creditors

Under MCL 700.7506(1), whether or not the trust has a spendthrift provision, "(a) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors," and "(b) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that at the settlor's death was revocable by the settlor, either alone or in conjunction with another person, is subject to expenses, claims, and allowances as provided in section 7605."

Certificate of trust

Michigan calls it a certificate of trust. Under MCL 700.7913(2), it "may be signed or otherwise authenticated by the settlor, any trustee, or an attorney for the settlor or trustee," and "The certificate must be in the form of an affidavit." Under 7913(3), it "must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations included in the certificate of trust to be incorrect." Under 7913(6), a person that relies on the certificate "without knowledge that the representations included in the certificate of trust are incorrect is not liable to any person for so acting."

After the settlor dies: the contest deadline

The trustee's notice duty. Within 63 days after the trustee learns that a formerly revocable trust has become irrevocable, "whether by the death of the settlor or otherwise," the trustee must notify the qualified trust beneficiaries of the trust's existence, the identity of the settlor or settlors, the court in which the trust is registered (if it is registered), and their right to request a copy of the trust terms that describe or affect their interests (MCL 700.7814(2)(c)). That duty applies to a revocable trust that became irrevocable on or after April 1, 2010 (7814(6)). On a trust beneficiary's reasonable request, the trustee must promptly furnish a copy of the terms of the trust that describe or affect the beneficiary's interest and relevant information about the trust property (7814(2)(a)).

The contest deadline. MCL 700.7604(1) provides that, "Except as provided in subsection (2), a person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of the following: (a) Two years after the settlor's death. (b) Six months after the trustee sent the person a notice informing the person of all of the following: (i) The trust's existence. (ii) The date of the trust instrument. (iii) The date of any amendments known to the trustee. (iv) A copy of relevant portions of the terms of the trust that describe or affect the person's interest in the trust, if any. (v) The settlor's name. (vi) The trustee's name and address. (vii) The time allowed for commencing a proceeding."

The six-month period runs only from a notice that contains every item on that list.

Subsection (2) gives more time in one situation. If the trust becomes an "undisclosed trust" as defined in section 7409a, and the information described in 7814(2)(a) to (c) is withheld from a person under 7409a(1)(a)(i) during the two years after the settlor's death, that person may sue within the earlier of two years after the trustee provides the withheld information or six months after the trustee sends the 7604(1)(b) notice (7604(2)).

After the death, the trustee may distribute the trust property under the trust's terms and is not liable for doing so unless the trustee knows of a pending contest, or a potential contestant has notified the trustee in writing of a possible contest and a proceeding "is commenced within 63 days after the contestant sent the notification" (7604(3)). A beneficiary of a trust later found invalid must return any distribution received (7604(4)).

Pour-over wills

A pour-over will leaves property to the trustee of a trust. MCL 700.2511 permits it. Under 2511(2), the devise "is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death." The limit is in 2511(3): "Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse."

Michigan wills and trusts at a glance

Recent changes

• 2020 Public Act 246. Amended section 700.2502, immediately effective November 5, 2020. The current text quoted above reflects it.
• 700.1202 expiry. The audiovisual signing and witnessing rule applied from April 30, 2020 until July 1, 2021 and is no longer available.
• 2024 Public Act 1. Immediately effective February 21, 2024, it amended sections of EPIC including the statutory will (700.2519), trust creation (700.7402), creditors' claims against trusts (700.7506) and the revocable-trust contest deadline (700.7604). The text quoted above is the current version.
• House Bill 5701 (2026). Would allow electronic signature of wills by amending 700.2502 and adding 700.2504a. Referred to the House Committee on Judiciary in March 2026; not law.

Making a will in practice

The site's free Michigan will-maker tool can help draft a basic will. However the document is produced, signing must follow MCL 700.2502(1): at least two witnesses who each sign within a reasonable time after witnessing the signing or acknowledgment. The harmless-error rule in 700.2503 is a way to prove an irregular document in court, not a way to sign one. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Michigan. The tool is not legal advice.

Members of the armed forces have a federal option: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Michigan probate
• Michigan small estate affidavit
• Michigan power of attorney laws

This article provides general legal information about Michigan law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Michigan or the probate court in your county.

Last updated: 2026-10-19.

Frequently Asked Questions

How many witnesses does a will need in Michigan?

At least two. Under MCL 700.2502(1)(c), each witness must sign within a reasonable time after witnessing either the testator's signing or the testator's acknowledgment of the signature or of the will. A holographic will under 700.2502(2) is valid whether or not witnessed.

Does a will have to be notarized in Michigan?

No. Section 700.2502 does not require a notary. A notary or other officer authorized to administer oaths is used to make a will self-proved under 700.2504, through the testator's acknowledgment and the witnesses' sworn statements under the officer's official seal.

Is a handwritten will valid in Michigan?

Yes, if it is dated and the testator's signature and the document's material portions are in the testator's handwriting (MCL 700.2502(2)). It does not need witnesses. An undated handwritten document does not meet 2502(2), though a court can still treat a writing as a will under 700.2503 on clear and convincing evidence of intent.

Are oral wills valid in Michigan?

No. Under MCL 700.2502(1)(a) a will must be in writing, and Part 5 of Article II of the Estates and Protected Individuals Code contains no section on oral (nuncupative) wills.

Can I sign a will electronically in Michigan?

Michigan has no electronic-will statute, and its Uniform Electronic Transactions Act does not apply to the law governing the creation and execution of wills (MCL 450.833(2)(a)). The audiovisual signing and witnessing rule in 700.1202 applied only from April 30, 2020 until July 1, 2021. House Bill 5701 (2026) would allow electronic signature of wills, but it is a bill referred to committee, not law.

What is the harmless-error rule in Michigan?

Under MCL 700.2503, a document not executed in compliance with 700.2502 is treated as if it had been, if the proponent establishes by clear and convincing evidence that the decedent intended it to be the will, a revocation, an alteration or a revival. It is a rule for proving a document in court, not a substitute signing method.

Does divorce revoke a will in Michigan?

Divorce does not revoke the whole will. Under MCL 700.2807(1), divorce or annulment revokes revocable dispositions or appointments of property to the former spouse, and to the former spouse's relatives, in a governing instrument, unless the instrument's express terms, a court order or a property-division contract between the divorced individuals provides otherwise. A governing instrument includes a trust, an insurance policy and a retirement plan (700.1104(m)), and remarriage to the former spouse, or nullification of the divorce or annulment, revives revoked provisions (2807(4)). For employer benefit plans governed by the federal Employee Retirement Income Security Act (ERISA), the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that ERISA pre-empts a state statute revoking a spouse's beneficiary designation on divorce, as applied to those plans.

Is a living trust revocable in Michigan?

Yes by default for most trusts. Under MCL 700.7602(1), the settlor may revoke or amend a trust unless its terms expressly provide that it is irrevocable, but that default does not apply to a trust created under a trust instrument executed before April 1, 2010, or to certain trusts created by a trustee's exercise of a power.

How long do you have to contest a revocable trust in Michigan?

Under MCL 700.7604(1), within the earlier of two years after the settlor's death or six months after the trustee sent the person a notice of the trust's existence, its date and amendments, the relevant terms, the settlor's and trustee's names, the trustee's address and the time allowed to sue. Section 7604(2) allows more time when trust information was withheld under the undisclosed-trust rules; see the contest section.

Can a spouse be left out of a will in Michigan?

The surviving spouse of a testator domiciled in Michigan may elect to take one-half of the share the spouse would have taken had the testator died intestate, reduced by one-half of the value of property the spouse received from the decedent other than by will or intestacy (MCL 700.2202(2)). The election must be made within 63 days after the date for presentment of claims or within 63 days after service of the inventory, whichever is later. The right can be waived, wholly or partly, before or after marriage, by a written contract, agreement or waiver signed by the spouse after fair disclosure (MCL 700.2205).