A Will Must Be Signed, Right?

Dickinson Wright
Contact

Wrong.  In a recently published case, the Michigan Court of Appeals took what has previously been taken as fact – that a will needs to be signed for it to be admitted to probate – and turned it on its head.  In In re Estate of Attia, 317 Mich App 705 (2016), the Court held that under Michigan law a will does not have to be signed in order to be admitted to probate, so long as the proponent of the will establishes by clear and convincing evidence that the decedent intended the document to be her/his will.   

This holding will inevitably be misconstrued as turning what was meant to be a very small exception to the will signing requirement into a gaping hole.  So it will inevitably have practice implications for both estate planners and probate litigators alike.   

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dickinson Wright | Attorney Advertising

Written by:

Dickinson Wright
Contact
more
less

Dickinson Wright on:

Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.