Who May Witness a Michigan Last Will and Testament?

A common question people have ask us as Michigan Estate Planning Attorneys is, “who may witness my Last Will and Testament?”  This is a state specific question.

The answer in Michigan is twofold.

First, according to EPIC (Michigan Estates and Protected Individuals Code), an individual generally competent to be a witness may act as a witness to a Last Will and Testament.  What that means is the individual must be of sound mind and at least age 18.

The second rung of the explanation in EPIC is that the signing of a Michigan Last Will and Testament by an interested witness does not invalidate the will or any provision of it.  What this means is that you can be an interested beneficiary and receiving assets in the Last Will and Testament and still witness the Will.

However, if the Will is challenged, this provision of EPIC does not preclude a Will contest to determine if a witness who is also a beneficiary exerted undue influence.

-Christopher J. Berry, Esq.
Michigan Wills and Trusts Attorney