Does Michigan Accept International Wills?
In an increasingly interconnected world, individuals often hold assets in multiple countries or have familial ties spanning continents. This reality brings unique complexities to estate planning, particularly concerning the validity and enforcement of wills across different legal systems. For Michigan residents or those with assets in the state, a crucial question arises: will Michigan recognize a will executed internationally? In this article the experienced Estate Planning attorneys of Thompson Legal will provide a further understanding of international wills and their application in Michigan.
Please note that this post is not exhaustive, and every situation is unique. In the event that you have legal questions it is advisable to speak with a licensed attorney. Contact Thompson Legal to speak with a Michigan Estate Planning Attorney today.
What is an International Will?
An international will is a will executed in compliance with the Washington Convention of 1973, which aims to provide a uniform law on the execution and applicability of testamentary documents across countries that are signatories to the convention. For individuals with assets in multiple countries or those who have family members living abroad, an international will can simplify the estate planning process and reduce the risk of any potential conflicts.
Michigan Law on International Wills
Michigan law has specific provisions within the Estates and Protected Individuals Code (EPIC) that address the recognition of "international wills," offering a streamlined approach to estate planning for those with interests in other countries. Under MCL 700.2952(1), "If a will is made in the form of an international will that complies with the requirements of this part, the will is valid in regard to its form irrespective of the particular place where the will is made, of the location of assets, or of the testator's nationality, domicile, or residence."
This means that if a will is executed as an international will following the specific format and procedural requirements under Michigan law, its formal validity will be recognized in Michigan, regardless of where it was made, where the assets are located, or the testator's nationality or residence.
Requirements for a Valid International Will in Michigan
To be recognized under Michigan law, an international Will must comply with Michigan’s MCL 700.2953. According to MCL 700.2953, to be considered a valid international will in Michigan, a will must meet all of the following requirements regarding form and procedure:
Writing: The will must be in writing but does not need to be written by the testator personally. It can be in any language and can be handwritten or created by any other means (MCL 700.2953(a)).
Declaration: The testator must declare, in the presence of two witnesses and an authorized individual, that the document is their will and that they know its contents. The testator does not need to inform the witnesses or the authorized individual of the specific contents of the will (MCL 700.2953(b)).
Signature: In the presence of the witnesses and the authorized individual, the testator must sign the will or acknowledge their signature if they have signed it previously (MCL 700.2953(c)).
Inability to Sign: If the testator is unable to sign, the will's validity is not affected if the testator indicates the reason for their inability, and the authorized individual makes note of this on the will. In such cases, another person present, including a witness or the authorized individual, may sign on the testator's behalf at their direction, and the authorized individual must also note this on the will (MCL 700.2953(d)).
Witnesses and Authorized Individual Signatures: The witnesses and the authorized individual must sign the will in the presence of the testator (MCL 700.2953(e)).
Additional Recommended Procedures
There are a few additional details addressed in MCL 700.2954 which should also be addressed in any international estate plan. To further ensure the acceptance of an international will, Michigan law recommends the following:
The testator's, witnesses', and authorized individual's signatures should be placed at the end of the will. If the will has multiple pages, the testator should sign each page. If the testator cannot sign, the person signing on their behalf should sign each page, or if there is no such person, the authorized individual should sign each page. Each page should also be numbered consecutively (MCL 700.2954(1)(a)).
The date of the will is the date it is signed by the authorized individual, and this date should be noted at the end of the will by the authorized individual (MCL 700.2954(1)(b)).
The authorized individual should ask the testator if they wish to make a declaration about the will's safekeeping. If so, and at the testator's request, the intended place of safekeeping should be mentioned in the certificate (MCL 700.2954(1)(c)).
Certificate of Execution
A crucial element of an international will under Michigan law is the certificate. The authorized individual must attach a certificate to the will, signed by them, establishing that the will complies with the requirements for a valid international will. The authorized individual must keep a copy of the certificate and provide another copy to the testator pursuant to MCL 700.2955. Michigan law provides a specific form for this certificate.
Authorized Individual
An "authorized individual" is defined in MCL 700.2951(b) as someone who, by the laws of the United States (including designated members of the diplomatic and consular service) or by Section 700.2959 of EPIC, is empowered to supervise the execution of international wills. Therefore, any Michigan attorney in good standing is considered an authorized individual under MCL 700.2959.
Conclusion
Michigan recognizes international wills, providing a standardized approach for individuals with international connections to plan their estate. Understanding the specific requirements under Michigan law is essential to ensure the validity of an international will. Given the complexities of international estate planning, consulting with an experienced attorney is crucial. Thompson Legal can provide the guidance and expertise needed to navigate these intricate legal matters. To schedule a consultation with an experienced estate planning attorney, please Contact Thompson Legal today for a consultation.
This article is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with an Estate Planning Attorney, please Contact Thompson Legal at (734) 743-1646 to schedule a consultation.
