Every contested will started as a document someone thought was fine. The difference between a will that works and one that tears your family apart isn’t luck—it’s the fifteen minutes your attorney spent asking the questions you didn’t know to ask.
STATEWIDE SERVICE — Available to All Michigan Residents
The Document That Speaks When You Can’t
Let’s cut to it: a will is a set of instructions for what happens to everything you own and everyone you love after you’re gone. Without one, Michigan’s intestacy statutes (MCL 700.2101-2114) make those calls for you. The state doesn’t know your relationships. It doesn’t know you’d rather your assets go to your best friend than your estranged sibling. It doesn’t know anything about your actual life.
It just applies a formula.
Here’s what most people get wrong about wills: they think the document is simple. Name some beneficiaries, sign the thing, done. But the families we see in probate disputes didn’t fail because they lacked a will. They failed because their will was vague, their will was technically defective, or their will didn’t account for the hundred scenarios that play out differently than expected.
Your spouse remarries after you die—do your kids from your first marriage lose everything? Your beneficiary develops a substance abuse problem—does a sudden inheritance make things better or catastrophically worse? You acquire property in Florida—does your Michigan-focused plan even work?
These aren’t edge cases. They’re Tuesday at our office.
“The will I drafted this morning will probably be read for the first time by someone’s grieving child twenty years from now. That child will be exhausted, emotional, and looking for clarity in a document I wrote before they graduated high school. That’s the mindset. You’re not writing for today—you’re writing for the worst day of someone else’s life.”
At Boroja, Bernier & Associates, we don’t produce wills. We build documents that anticipate conflict before it happens, answer questions before they’re asked, and hold up when someone with an inheritance at stake decides to challenge them. That’s not perfectionism—it’s the job.
Estate planning consultations available statewide—call (586) 991-7611, or meet by phone, video, or in person at our Shelby Township headquarters.
What Michigan Law Requires—and Why Most DIY Wills Miss the Mark
The Technical Stuff That Actually Matters
Michigan’s will requirements under MCL 700.2502 sound straightforward. They’re not.
You must be 18 and of sound mind. “Sound mind” is where things get messy. It means you understand what you own, who would naturally inherit from you, and what signing a will actually does. Cognitive decline doesn’t automatically disqualify you—but it creates ammunition for anyone who wants to challenge the document later. We assess capacity at every signing and document it thoroughly. That documentation matters when a disappointed heir decides your mental state was suspect.
The will must be in writing. Oral wills—the dramatic deathbed declarations Hollywood loves—are worth nothing in Michigan. Your cousin’s friend who swears you told him at Thanksgiving that you wanted your boat to go to your nephew? Legally irrelevant. If it’s not written, it doesn’t exist.
You must sign it. Simple enough. But where you sign, how you sign, and who watches you sign can all create problems. Best practice: sign at the end of the document, in front of both witnesses, with everyone paying attention. Not complicated, but easy to screw up when you’re doing it yourself at the kitchen table.
Two witnesses must sign. They don’t need to know what’s in the will. They’re attesting that they watched you sign (or heard you acknowledge your signature), and that you appeared to know what you were doing. Here’s where DIY fails constantly: using witnesses who are also beneficiaries.
Under MCL 700.2505, a beneficiary who witnesses your will doesn’t invalidate the document—but their inheritance may be reduced to whatever they would have received if you’d died without a will. That’s not a minor technicality. That’s your intended gift evaporating because you grabbed whoever was nearby to sign.
Self-proving affidavit: Technically optional. Practically essential. This notarized statement from your witnesses lets your will be admitted to probate without tracking those witnesses down years later to testify. We include one with every will we draft. If your attorney doesn’t, ask why you’re paying them.
The “Harmless Error” Rule: Michigan’s Safety Net You Shouldn’t Need
Why We’re Not Impressed by “It’ll Probably Be Fine”
Michigan adopted MCL 700.2503—the “harmless error” doctrine—to rescue wills with technical defects. In theory, if there’s clear and convincing evidence you intended a document to be your will, courts can validate it even if execution wasn’t perfect.
In practice, relying on this is gambling with your family’s peace of mind.
Here’s what “harmless error” actually means for your family: someone petitions the court. Evidence gets presented. A judge decides whether your document counts as a will. This costs money. It takes time. It introduces uncertainty at exactly the moment when your family needs certainty.
Courts have used harmless error to validate wills with missing witness signatures, wills signed in the wrong spot, even some electronic documents. They’ve also refused to validate documents where intent wasn’t sufficiently clear. It’s not a guarantee—it’s litigation.
The firms that tell you “the harmless error rule will probably save it” are the same firms cutting corners on execution. We’d rather get it right and never need the safety net. That’s not paranoia. That’s standards.
Wills vs. Trusts: The Actual Difference Nobody Explains Clearly
Stop Asking “Which One Do I Need?” Start Asking “What Am I Trying to Accomplish?”
Every estate planning client asks whether they need a will or a trust. It’s the wrong question—but most attorneys just answer it anyway instead of fixing the framing.
Here’s the real distinction:
A will is instructions for the probate court. A trust is a contract that operates outside of court.
A will tells the probate court what to do with your stuff after you die. It goes through Michigan’s court-supervised probate process (MCL 700.3101 et seq.). It becomes public record. It only works after you’re dead.
A trust is fundamentally a contract—an agreement between you (the grantor), your trustee, and your beneficiaries. The trustee holds legal title to assets and manages them according to the rules you establish in the trust document: how assets are invested, when distributions happen, what conditions beneficiaries must meet, and ultimately how everything gets distributed. Because assets titled in the trustee’s name aren’t part of your probate estate, they pass according to the trust terms without court involvement.
(Trusts can be treated as separate entities for tax purposes, which is where the “separate legal entity” confusion comes from—but at their core, they’re contractual arrangements, not independent entities that “own” things.)
Why this matters:
- Want to avoid probate? Assets held in trust pass outside probate—but only assets you actually retitle to the trustee
- Want your affairs to remain private? Wills become public; trust terms don’t
- Want someone to manage your assets if you become incapacitated? A trust can do this; a will cannot
- Want to name guardians for your minor children? Only a will can do this—trusts can’t
Most Michigan families don’t need to choose. They need both: a living trust as the primary vehicle, plus a “pour-over will” that catches anything that falls through the cracks.
Pour-over will explained: It’s a will that names your trust as the beneficiary. Any assets not already held by the trustee “pour over” into the trust at death. The catch? Those assets still go through probate first—they’re just distributed according to your trust terms afterward. It’s a safety net, not a primary plan.
We’ll tell you which structure makes sense for your situation. We won’t push trusts on families who don’t need them, and we won’t send you home with just a will when your life calls for something more comprehensive.
Holographic Wills: Why “Handwritten” Doesn’t Mean “Valid”
What Michigan Actually Requires for Handwritten Wills
Michigan recognizes holographic wills—handwritten wills without witnesses—under limited circumstances. MCL 700.2502(2) allows a will to be valid if the signature and material portions are in the testator’s handwriting.
This sounds like an easy workaround for people who want to skip the formalities. It’s not.
The problems with holographic wills:
- “Material portions” is subject to interpretation. What counts? Courts decide—after you’re dead
- No witnesses means no one to verify you wrote it, you were competent, and you weren’t coerced
- Handwriting authentication becomes necessary when challenged—expensive, time-consuming, and uncertain
- Contradictions between handwritten and typed portions create disputes
- No self-proving affidavit means contested probate is almost guaranteed
Holographic wills have their place: emergency situations where proper execution isn’t possible, last-ditch efforts when formal estate planning wasn’t completed. They’re not a planning strategy. They’re a fallback when planning fails.
If you’re reading this on a working computer with time to think, you don’t need a holographic will. You need a real one.
Updating Your Will: When to Revisit and Why Most People Don’t
The Will You Signed Five Years Ago Might Not Fit Your Life Today
A will isn’t a one-time task you complete and forget. Life changes. Laws change. The document you signed after your first child was born might be dangerously outdated after your divorce, your new business, or your move across state lines.
Revision triggers—situations that demand a fresh look:
- Marriage, divorce, or remarriage
- Birth or adoption of children or grandchildren
- Death of a named beneficiary or executor
- Significant changes in assets (inheritance, business sale, real estate purchase)
- Move to or from Michigan (state laws vary significantly)
- Changes in your relationship with named beneficiaries
- Changes in named beneficiaries’ circumstances (addiction, divorce, disability)
- Changes in federal or state estate tax laws
Under MCL 700.2501 et seq., you can modify your will through a codicil (a formal amendment) or revoke it entirely and create a new one. For most changes, we recommend creating a new will. Codicils work for minor adjustments, but multiple codicils attached to an old will create interpretation problems. Clean documents work better than patchwork.
How long should a will review take? Most reviews require thirty minutes of attorney time unless circumstances have changed dramatically. We quote these upfront. There’s no excuse for letting documents become obsolete because you’re afraid of the bill.
The Mistakes We See Most Often—and Why They Keep Happening
Your Will Doesn’t Fail Because You’re Careless. It Fails Because Nobody Asked the Right Questions.
Every will contest we’ve seen started with a preventable mistake. Not ignorance—just gaps between what people think about and what actually matters.
Execution errors that should never happen: Missing witnesses. Beneficiaries signing as witnesses. No self-proving affidavit. Unclear signature location. These are basic, but online templates don’t walk you through execution—they just generate documents and wish you luck.
Vague language that creates conflict: “I leave my personal property to my children equally” sounds unambiguous until your children disagree about who gets the family heirlooms. What’s “equal” when one item has sentimental value and another has financial value? Specificity prevents lawsuits. Generic language guarantees arguments.
Forgetting about contingencies: Your primary beneficiary can die before you. Your executor can become incapacitated. Your guardian nominee can move to another country. Plans that don’t address “what if” scenarios create chaos when those scenarios materialize.
Ignoring digital assets: Your email, social media, cryptocurrency, online business accounts—these are assets now. Michigan’s Fiduciary Access to Digital Assets Act (MCL 700.1001-1018) addresses how executors can access these, but your will should include specific provisions. An executor locked out of your accounts can’t administer your estate effectively.
Beneficiary designation conflicts: Here’s the one that catches everyone: your will doesn’t control assets with beneficiary designations. Retirement accounts, life insurance, payable-on-death bank accounts—these pass outside your will directly to named beneficiaries. If your will says “everything to my spouse” but your 401(k) still names your ex, your ex wins. Coordination isn’t optional.
Quotable Expert Statement: “Most will contests don’t happen because families are greedy. They happen because the person who died left behind a document that created more questions than it answered. Ambiguity is a gift to anyone who wants to argue about what you ‘really meant.’ Clarity is cheap insurance against expensive litigation.”
Questions About Michigan Wills—Answered Directly
At Boroja, Bernier & Associates, will-based estate plans typically range from $1,500 to $2,500. This includes your will, financial power of attorney, healthcare power of attorney/patient advocate designation, and HIPAA authorization. The exact price depends on complexity—straightforward situations cost less than blended families, business interests, or unusual asset structures. We quote flat fees before we start. No surprises.
Legally, yes. Michigan doesn’t require attorney involvement. But we regularly see DIY wills that don’t meet technical requirements, use ambiguous language, or fail to address contingencies the person didn’t know to consider. The cost of fixing a defective will through probate litigation dwarfs the cost of getting it right initially. If this document matters to you, professional drafting matters too.
Common invalidity issues: lack of proper witnesses, questions about the testator’s mental capacity, evidence of undue influence or duress, improper execution, or failure to meet age requirements. Michigan’s harmless error rule (MCL 700.2503) can rescue some defective wills, but relying on court rescue is an expensive gamble.
For a straightforward situation, we can typically complete a will-based estate plan within two weeks—often faster. Complex situations involving business interests, multiple properties, or blended family dynamics may take longer. The drafting itself is efficient; the time is in thinking through your situation properly.
The will itself doesn’t require notarization. However, the self-proving affidavit—the statement from witnesses that allows probate admission without their testimony—does require notarization. We include this with every will because the alternative is tracking down witnesses years later.
Review your will every three to five years or whenever significant life changes occur—marriage, divorce, birth, death, major asset changes, or relocation to another state. Documents that accurately reflected your life a decade ago may be dangerously outdated today.
Michigan’s intestacy laws (MCL 700.2101-2114) determine who inherits. Generally, your spouse and children are prioritized—but the exact split depends on family structure, and the results often don’t match what families expect. If you have no spouse, children, or close relatives, assets can ultimately go to distant relatives or even the state.
Your Will Deserves More Than a Template’s Best Guess
Every Michigan family has different assets, different relationships, different concerns. The document that determines who inherits everything you’ve built shouldn’t be assembled from generic language that assumes your life is simple.
At Boroja, Bernier & Associates, we draft wills that reflect your actual situation. We ask the questions that surface problems before they become probate disputes. We structure your documents to survive scrutiny from people with inheritance at stake and attorneys looking for weaknesses.
We don’t rush. We don’t use templates without modification. We don’t send you home with a document you don’t understand.
Excellence is contagious, mediocrity is too. We chose which one we’d practice a long time ago.
Schedule a consultation. Discover what estate planning looks like when your attorney actually gives a damn about the outcome.
Call Us: (586) 991-7611
Email: admin@bbalawmi.com
Office Hours:
Monday — Thursday: 9:00 AM — 5:00 PM
Friday: 9:00 AM — 3:00 PM
Saturday & Sunday: By Appointment
Estate planning consultations available statewide—by phone, video, or in person at our Shelby Township headquarters.
