That will you signed ten years ago? It might be working against your family right now. Life changes—marriages, divorces, new grandchildren, deaths, and shifting assets—but wills don’t update themselves. And in Michigan, an outdated will isn’t just a minor inconvenience. It’s a roadmap to probate disputes, unintended distributions, and family conflict in Wayne, Macomb, and Oakland County Probate Courts.

The truth is, your will remains legally valid in Michigan until you revoke it. But “valid” doesn’t mean “effective.” A will that names your ex-spouse as executor, leaves assets to a deceased sibling, or fails to mention children born after it was signed can create exactly the chaos you were trying to prevent. Michigan’s intestacy laws will fill in the gaps—often in ways you never intended.

The good news? Updating a will in Michigan is straightforward when done correctly. The bad news? Doing it wrong—crossing out provisions, writing in margins, or making verbal promises to family members—can invalidate your wishes entirely or spark costly legal battles.

This guide explains when Metro Detroit families should update their wills, how Michigan law requires amendments to be executed, and why working with an experienced estate planning attorney protects your family from preventable problems.

Why Will Updates Matter More Than Most People Realize

Many Michigan residents treat their will as a “one and done” document. They sign it, file it away, and assume their wishes are protected. But estate planning attorneys in Metro Detroit see the consequences of this assumption every week in probate court.

Outdated wills are among the most common drivers of probate litigation in Southeast Michigan. When a will doesn’t reflect current family relationships, asset ownership, or the testator’s true intentions, the result is often:

• Family disputes over who should have inherited what
• Probate delays while courts sort through conflicting documents
• Unintended beneficiaries receiving assets (including ex-spouses)
• Intestacy distributions for assets or people not addressed in the will
• Capacity and undue influence challenges when informal “updates” create ambiguity

The irony is that most of these problems are entirely preventable. A will review takes far less time and money than the probate litigation that results from neglecting one.

Life Events That Should Trigger a Will Review

Certain life changes should prompt an immediate review of your will and broader estate plan. If any of the following have occurred since you last updated your documents, it’s time to schedule a review.

Marriage or Divorce

Marriage and divorce fundamentally change inheritance rights under Michigan law. If you marry after signing a will, your new spouse may be entitled to a share of your estate even if they’re not named in the document. If you divorce, Michigan law automatically revokes certain provisions in favor of your ex-spouse under MCL 700.2807—but this protection has limits and doesn’t cover every situation.

For Metro Detroit residents going through divorce in Wayne or Macomb County, updating your will should be a priority as soon as your divorce is finalized. Relying on the automatic revocation provisions without confirming your documents reflect your current wishes is risky.

Birth or Adoption of Children or Grandchildren

Children born or adopted after you sign your will may be entitled to an intestate share of your estate under Michigan’s “pretermitted heir” statutes, even if you didn’t intend to include them. Conversely, if you want to provide for new children or grandchildren, your will needs to explicitly name them and specify their inheritance.

This is especially important for blended families, where inheritance intentions may differ between biological children, stepchildren, and children from a new marriage.

Death or Incapacity of Named Individuals

Your will likely names specific people to serve important roles: executor, trustee, guardian for minor children. If any of these individuals have died, become incapacitated, or are no longer appropriate choices, your will needs updating.

The same applies to beneficiaries. If a named beneficiary has passed away, your will’s alternate distribution provisions (if any) take effect. If you didn’t name alternates—or if the alternates are also deceased—Michigan intestacy rules may control that share of your estate.

Significant Changes in Assets or Wealth

Major financial changes warrant a will review. This includes:

• Purchasing or selling a home
• Starting, selling, or closing a business
• Receiving a significant inheritance
• Substantial increases or decreases in investment accounts
• Acquiring real estate in other states

Your will should reflect your current assets and how you want them distributed. A will drafted when you had modest savings may be completely inadequate for an estate that now includes business interests, multiple properties, or significant investments.

The 3-5 Year Review Rule

Even without a major life event, many estate planning attorneys recommend reviewing your will and core estate documents every three to five years. Michigan laws change, family circumstances evolve, and what made sense a few years ago may no longer reflect your intentions.

Think of it like a financial checkup. You wouldn’t go a decade without reviewing your investments or insurance coverage. Your estate plan deserves the same attention.

Michigan Legal Requirements for a Valid Will

Before discussing how to update a will, it’s essential to understand what makes a will legally valid in Michigan. These same requirements apply to any amendments.

Basic Execution Requirements Under Michigan Law

Under MCL 700.2501 and MCL 700.2502, a valid Michigan will must meet the following requirements:

• The testator must be at least 18 years old and possess testamentary capacity. Capacity means understanding the nature and extent of your property, knowing who your natural heirs are (spouse, children, etc.), and understanding the effect of signing the will.

• The will must be in writing. Oral wills are not valid in Michigan for most purposes.

• The testator must sign the will (or direct someone else to sign on their behalf in their presence).

• At least two witnesses must sign the will within a reasonable time of observing the testator’s signature or the testator’s acknowledgment of the signature.

What About Notarization?

Here’s a common misconception: Michigan law does not require a will to be notarized to be valid. Notarization is relevant for powers of attorney and for creating a “self-proving affidavit” that can simplify probate—but it’s not a validity requirement for the will itself.

That said, having a self-proving affidavit notarized and attached to your will is smart practice. It allows the will to be admitted to probate in Wayne, Macomb, or Oakland County without requiring your witnesses to testify or sign additional documents later. When witnesses have moved away, become difficult to locate, or passed away, a self-proving affidavit saves significant time and hassle.

Holographic (Handwritten) Wills

Michigan recognizes holographic wills—wills written entirely in the testator’s own handwriting and signed by the testator. No witnesses are required for a holographic will to be valid.

However, holographic wills frequently create problems in probate. Questions arise about whether the document was truly intended as a will, whether the handwriting is authentic, and how to interpret ambiguous language. For Metro Detroit families, the cost savings of a handwritten will rarely justify the interpretation disputes and proof challenges that often follow.

How to Properly Amend or Replace a Michigan Will

When it’s time to update your will, Michigan law provides two proper methods: executing a codicil or signing an entirely new will.

Option 1: Codicil (Amendment to Existing Will)

A codicil is a separate written document that amends, explains, or partially revokes provisions in an existing will. Think of it as an official addendum.

Codicils must meet the same execution requirements as the original will. This means the codicil must be in writing, signed by you, and witnessed by at least two people. A codicil that doesn’t meet these formalities is invalid—and any changes it purports to make won’t be honored.

When codicils make sense:

• Changing your executor or successor executor
• Adding or modifying a single specific bequest
• Updating guardian nominations for minor children
• Making other narrow, discrete changes

When codicils become problematic:

• Multiple codicils over time create confusion and increase the risk of contradictions
• Significant changes (like adding or removing major beneficiaries) are better handled in a new will
• After divorce or remarriage, a clean new will is almost always preferable

Option 2: New Will (Complete Replacement)

For substantial changes or when multiple modifications are needed, executing an entirely new will is usually the cleaner approach. A new will should explicitly revoke all prior wills and codicils to eliminate any ambiguity.

Advantages of a new will over codicils:

• Single, clear document without cross-references
• Eliminates risk of conflicting provisions
• Easier for your executor and the probate court to administer
• Reflects your current intentions comprehensively

When to choose a new will:

• Divorce or remarriage
• Significant changes in family structure (births, deaths, estrangements)
• Major changes to asset distribution
• When you already have one or more codicils
• When your existing will is more than 10 years old

What NOT to Do When Updating Your Will

• Do not write in the margins. Handwritten notes on a typed will are generally ineffective and may create disputes about your intentions.

• Do not cross out or strike through provisions. These informal markings may be ignored entirely, or worse, may raise questions about whether the entire will has been revoked.

• Do not tell family members about changes verbally. Oral statements about what you “really wanted” carry no legal weight and often fuel litigation rather than resolve it.

• Do not make changes on a photocopy. Only the original will matters. Marking up a copy accomplishes nothing legally.

Any change to your estate plan must be executed with the same formalities as the original will. There are no shortcuts, and attempted shortcuts often backfire spectacularly in probate court.

Practical Tips for Signing Your Will Update in Metro Detroit

Choosing Proper Witnesses

Michigan requires two witnesses, but choosing the right witnesses matters. Witnesses should be:

• Disinterested parties (not beneficiaries under the will)
• Competent adults who can later testify if needed
• People likely to be locatable in the future

Using beneficiaries as witnesses doesn’t automatically invalidate a will in Michigan, but it can reduce or eliminate that witness’s inheritance and creates unnecessary complications. It also raises red flags for undue influence challenges.

The Value of Self-Proving Affidavits

While not required, attaching a notarized self-proving affidavit to your will streamlines probate in Wayne, Macomb, and Oakland Counties. The affidavit—signed by you and your witnesses before a notary—allows the will to be admitted to probate without additional witness testimony.

For elderly clients or those signing in hospitals or care facilities, coordinating a notary along with witnesses ensures all formalities are properly completed. Many Metro Detroit estate planning attorneys offer office signings or can arrange mobile notary services for clients who cannot travel.

Current Status of Remote Notarization

During the COVID-19 pandemic, Michigan temporarily permitted remote online notarization for estate planning documents. Those emergency provisions have largely sunset, and current Michigan practice has returned to in-person execution for most situations.

If you’re planning to sign or update your will, confirm the current rules with your attorney at signing time. Requirements may continue to evolve, and what applied last year may not apply today.

Consequences of Leaving an Outdated Will in Place

The risks of neglecting will updates are concrete and common. Metro Detroit probate attorneys see these situations regularly.

Assets Going to Unintended Recipients

An old will may leave assets to an ex-spouse, a deceased relative, or someone you’ve become estranged from. Without updates, your estate may pass exactly as the outdated document directs—regardless of what you told family members you “really wanted.”

Intestacy Filling the Gaps

When a will fails to address certain assets or beneficiaries, Michigan’s intestacy statutes under the Estates and Protected Individuals Code (EPIC) determine distribution. These default rules divide assets among surviving spouses and blood relatives according to a statutory formula—not according to your preferences.

For example, if you have children from a prior marriage and remarry without updating your will, intestacy rules may give your new spouse a larger share than you intended, potentially at your children’s expense.

Increased Probate Costs and Delays

Conflicting documents, unclear codicils, and handwritten “updates” dramatically increase the cost and duration of probate. Executors must petition the court for guidance, beneficiaries may contest interpretations, and attorneys’ fees multiply.

What could have been a straightforward probate administration becomes expensive litigation—paid for out of the estate your loved ones were supposed to inherit.

Capacity and Undue Influence Challenges

Informal changes—margin notes, crossed-out provisions, or verbal instructions—often trigger challenges based on lack of capacity or undue influence. Family members may argue that the changes were made when the testator was confused, manipulated, or lacked the mental capacity to understand what they were doing.

Properly executed updates with witnesses and (ideally) notarized self-proving affidavits provide far stronger evidence of your intentions and capacity.

Frequently Asked Questions About Updating Your Will in Michigan

What is a codicil under Michigan law?

A codicil is a written amendment or supplement that changes, explains, or revokes part of an existing will. Under Michigan law, a codicil must be executed with the same formalities as a will—meaning it must be signed by the testator and witnessed by at least two people. An improperly executed codicil is invalid.

When should I use a codicil instead of a new will?

Codicils work best for small, discrete changes such as swapping an executor, adding a single bequest, or updating a guardian nomination. For larger changes, multiple modifications, or updates following divorce or remarriage, executing an entirely new will is usually cleaner and reduces the risk of conflicting provisions.

Can I just cross things out on my existing will?

No. Informal markups—crossing out provisions, writing in margins, or making handwritten additions to a typed will—are generally ineffective under Michigan law. These changes may be ignored entirely or may create ambiguity that leads to probate disputes. Any modifications must be made through a properly executed codicil or new will.

How often should I review my will?

Many estate planning practitioners recommend reviewing your will every three to five years, even without a major life event. You should also review immediately after marriage, divorce, births, deaths, or significant changes in your assets. Regular reviews ensure your documents reflect current Michigan law and your actual intentions.

Does updating my will help me avoid probate?

A current, well-drafted will makes probate administration smoother and faster, but it does not by itself avoid probate. Probate avoidance typically requires additional planning tools such as revocable living trusts, properly designated beneficiaries on accounts and insurance policies, and appropriate asset titling. Your will handles assets that don’t pass through these other mechanisms.

Do I need a notary to update my will in Michigan?

Michigan law does not require notarization for a will or codicil to be valid. However, having a notarized self-proving affidavit attached to your will can simplify probate by eliminating the need for witnesses to testify later. This is especially valuable when witnesses may be difficult to locate years down the road.

What happens if my will names someone who has passed away?

If a named beneficiary, executor, or guardian has died, your will’s alternate provisions (if any) take effect. If no alternates are named, Michigan intestacy rules may determine how that share of your estate is distributed, or the court may appoint a different executor or guardian. This is why regular will reviews are essential.

Protect Your Family: Schedule Your Will Review with a Metro Detroit Estate Planning Attorney

Your will is only as good as its last update. Life changes constantly—marriages, divorces, new children, deaths, and shifting assets—and your estate plan needs to keep pace. An outdated will doesn’t just fail to protect your family; it can actively work against them, creating disputes, delays, and distributions you never intended.

At Boroja, Bernier & Associates, our estate planning attorneys help Metro Detroit families throughout Wayne County, Macomb County, and Oakland County ensure their wills and estate plans reflect their current wishes and comply with Michigan law. Whether you need a simple will review, a codicil for a minor change, or a comprehensive new will after a major life transition, we provide clear guidance and meticulous execution.

To schedule a will review or update consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we make it easy to protect your family’s future.