How to write your own Will (and why you shouldn’t)
This episode starts with a real-world question from a Trader Joe’s cashier in Michigan: “If I want to leave everything to my brother, can I just write it down and sign it?” The short answer in Michigan is yes — it’s called a holographic Will. The long answer is complicated. In this episode, Jill explains what a handwritten Will is, what it legally controls, what the state requires, and how to draft one in an emergency without accidentally creating chaos for the people you love. She also walks step-by-step through a sample holographic Will and breaks down six specific pitfalls that turn “simple” DIY planning into expensive, painful litigation. This is a practical crash course for anyone wondering whether they really need a lawyer, what handwritten Wills can and can’t do, and how to avoid the disasters that happen when “I’ll just jot this down” intersects with probate.
The Death Readiness Podcast: Not your dad’s estate planning podcast
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Show Notes
What You’ll Learn in This Episode
What a Holographic Will Is
- A handwritten Will, entirely, or mostly, in the testator’s handwriting, signed and dated
- Allowed in some states, including Michigan
- Often valid on paper, messy in reality
Michigan’s Requirements (for validity)
A handwritten Will is valid in Michigan if it:
- Is dated
- Is signed by the testator
- Has material portions in the testator’s handwriting
That’s the bare minimum, not a guarantee that the document will do what you think.
What a Will Actually Controls
Not everything you own is governed by your Will. Some assets bypass probate entirely.
Assets controlled by your Will:
- Individually owned property without a beneficiary designation
Assets that bypass your Will:
- Jointly owned property
- Retirement accounts with beneficiary designations
- Assets with payable-on-death instructions
Example: A 401(k) will follow the beneficiary designation, even if your Will says otherwise.
If you want a change, update the form. Your Will does not override it.
How to Structure a Handwritten Will (in an Emergency)
Jill walks through a step-by-step handwritten format, including:
- Clear declaration of intent
- Definition of “Property” to simplify later references
- Appointment of an Executor and successor
- A single beneficiary and a clear backup
- A default clause referencing intestacy laws
Plus a final affirmation sentence to prevent challenges to handwriting authenticity
When Notarizing Helps
- Not required in Michigan
- But adds credibility and makes it harder to dispute the signature
- Requires a notary “block” with specific language
Why Complexity Is the Enemy of DIY Wills
The episode offers six pitfalls that almost always blow up handwritten Wills:
- Gifts to minors
- Attempting to create a trust
- Gifts to individuals that interfere with eligibility for government benefits
- Multiple beneficiaries
- Joint ownership of sentimental items
- Emotional or poetic language
DIY Wills explode when they try to do too much.
If you must write your own, keep it brutally simple.
Resources & Links
Visual guide: Probate vs. Non-Probate Assets
Sample language for a Michigan handwritten Will
Episode 36: When Transfer-on-Death Deeds Promise to Avoid Probate but Create Chaos
Episode 38: Why You Need (or Don’t Need) a Will
Estate Plan Audit — Translate your lawyer-written Will into English and verify whether it does what you think: www.deathreadiness.com/audit
Connect with Jill:
- Website: DeathReadiness.com
- Email: [email protected]
- Learn more about Jill’s services
- Subscribe to the Death Readiness Dispatch!
- Submit a question for Tuesday Triage
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This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy.
Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents.
Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.