Simple Will - Michigan

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

(“Will”)

TABLE OF CONTENTS

1. Document Header....................................................1
2. Definitions........................................................2

3. Operative Provisions...............................................3
   3.1 Revocation of Prior Wills.......................................3
   3.2 Family Statement................................................3
   3.3 Appointment of Personal Representative..........................3
   3.4 Disposition of Tangible Personal Property.......................4
   3.5 Specific Gifts..................................................4
   3.6 Residuary Estate................................................4
   3.7 Guardianship of Minor Children..................................5

4. Fiduciary Powers and Administrative Provisions.....................5

5. Indemnification; Limitation of Liability...........................7
6. No-Contest & Injunctive Relief.....................................7
7. Governing Law; Forum Selection.....................................8
8. General Provisions.................................................8
9. Execution Block....................................................9
10. Witness Attestation Clause.......................................10
11. Self-Proving Affidavit (Optional but Strongly Recommended)........11

Page numbers adjust automatically in final formatting.

1. DOCUMENT HEADER

1.1 Identification of Testator. I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS, COUNTY, MICHIGAN], being of sound mind and over eighteen (18) years of age, hereby declare this to be my Last Will and Testament (this “Will”), made this [DAY] day of [MONTH, YEAR] (the “Effective Date”).

1.2 Governing Law. This Will shall be construed in accordance with, and all matters arising hereunder shall be governed by, the laws of the State of Michigan, without regard to conflict-of-laws principles, and subject to the exclusive jurisdiction of the Michigan probate courts as set forth in Section 7 below.

2. DEFINITIONS

For purposes of this Will, the following terms have the meanings set forth below. Defined terms appear capitalized throughout this instrument.

“Beneficiary” means any person or entity receiving any devise, bequest, or other distribution under this Will.

“Estate” means all property, real or personal, tangible or intangible, wherever situated, owned by me at death, together with all accretions thereto, insurance proceeds payable to my Estate, and any property over which I hold a power of appointment.

“Personal Representative” means the individual or qualified corporate fiduciary appointed in Section 3.3 to administer my Estate; references include any successor or substitute Personal Representative duly appointed and qualified under Michigan law.

“Residue” or “Residuary Estate” has the meaning assigned in Section 3.6.

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

I hereby revoke all prior wills and codicils made by me.

3.2 Family Statement

I am married to [SPOUSE NAME] (“my Spouse”).
I have the following children: [CHILD 1 NAME], [CHILD 2 NAME], and [ADDITIONAL CHILD NAMES, if any] (each, a “Child,” and collectively, my “Children”).

3.3 Appointment of Personal Representative

(a) Primary Appointment. I nominate and appoint [PRIMARY PR NAME & ADDRESS] as Personal Representative of my Estate.

(b) Successor Appointment. If the primary Personal Representative is unable or unwilling to serve, I nominate [ALTERNATE PR NAME & ADDRESS] as successor Personal Representative.

(c) Bond. I direct that no bond or other security be required of any Personal Representative, except as may be required by law and not waived by the probate court.

3.4 Disposition of Tangible Personal Property

I give my tangible personal property (including household goods, personal effects, automobiles, jewelry, and collections) to my Spouse, if living; otherwise to my Children, in equal shares, per stirpes. The Personal Representative may distribute specific items in sole and absolute discretion. A separate written statement or list disposing of certain items of tangible personal property, executed in accordance with MCL 700.2513, may be referenced and shall be given effect notwithstanding the general incorporation-by-reference rule of MCL 700.2510.

3.5 Specific Gifts

I give the following specific gifts, free of all taxes and expenses of administration:

1. $[DOLLAR AMOUNT] to [BENEFICIARY NAME & ADDRESS].
2. [DESCRIPTION OF REAL PROPERTY OR ITEM] to [BENEFICIARY NAME].

Any specific devise that fails shall pass to the Residue unless otherwise provided.

3.6 Residuary Estate

I give the rest, residue, and remainder of my Estate (“Residuary Estate”), including lapsed or disclaimed gifts, as follows: [PERCENTAGE]% to [BENEFICIARY NAME], [PERCENTAGE]% to [BENEFICIARY NAME], per stirpes. If any Residuary share becomes payable to a minor, that share shall be held in a custodial account under the Michigan Uniform Transfers to Minors Act until the minor attains the age of [AGE, typically 21].

3.7 Guardianship of Minor Children

If at my death any Child of mine is under eighteen (18) years of age, I nominate [PRIMARY GUARDIAN NAME & ADDRESS] as guardian of the person and estate of such minor Child, with [ALTERNATE GUARDIAN NAME] as successor, as authorized under MCL 700.5202 (parental appointment of a guardian for a minor child by will).

4. FIDUCIARY POWERS AND ADMINISTRATIVE PROVISIONS

4.1 Incorporation of Statutory Powers. The Personal Representative shall have all powers granted under EPIC, including, without limitation, those enumerated at MCL 700.3715.

4.2 Discretionary Powers. Without limitation, the Personal Representative may:
a. Sell, lease, or mortgage any Estate asset without court order;
b. Settle or compromise claims for or against the Estate;
c. Make tax elections and filings;
d. Employ and reasonably compensate professionals;
e. Allocate receipts and expenses between income and principal.

4.3 Digital Assets. The Personal Representative shall have authority under Michigan's Fiduciary Access to Digital Assets Act, MCL 700.1001 et seq. (Act 59 of 2016, based on the Revised Uniform Fiduciary Access to Digital Assets Act), to access, manage, and dispose of all my digital assets, and I expressly grant the Personal Representative authority to obtain disclosure of the content of my electronic communications to the fullest extent permitted under that Act.

4.4 Fiduciary Compensation. The Personal Representative shall be entitled to reasonable compensation determined under MCL 700.3719, and to reimbursement for properly incurred expenses.

5. INDEMNIFICATION; LIMITATION OF LIABILITY

5.1 Executor Indemnity. My Estate shall indemnify and hold harmless the Personal Representative from any and all liability, loss, or expense (including reasonable attorney fees) incurred in the good-faith performance of fiduciary duties, except for liability arising from the Personal Representative’s willful misconduct or gross negligence.

5.2 Liability Cap. Any liability of the Personal Representative to any Beneficiary shall be limited to the value of the assets of my Estate actually in the Personal Representative’s possession or control, and no Personal Representative shall be personally liable beyond such assets.

6. NO-CONTEST & INJUNCTIVE RELIEF

6.1 No-Contest Clause. If any Beneficiary (a) directly or indirectly contests this Will, (b) seeks to impair or invalidate any provision hereof, or (c) assists another in doing so, any share or interest otherwise provided to such Beneficiary shall lapse and pass to the Residuary Beneficiaries who have not so contested, in proportion to their respective interests. Notwithstanding the foregoing, and as required under MCL 700.2518, this no-contest provision is unenforceable against, and shall not effect a forfeiture as to, any Beneficiary who institutes or joins such a proceeding if probable cause exists for instituting the proceeding.

6.2 Injunctive Relief. The probate court sitting in equity may grant injunctive or other equitable relief to enforce this Section 6, including to restrain distribution to a contesting Beneficiary during pendency of any proceeding.

7. GOVERNING LAW; FORUM SELECTION

All matters concerning the administration of my Estate shall be governed by the laws of the State of Michigan. Venue and jurisdiction over matters relating to the settlement of my Estate shall lie in the Probate Court for the Michigan county in which I am domiciled at death, which has exclusive legal and equitable jurisdiction over such matters under MCL 700.1302(a) (the “Probate Court”). To the fullest extent permitted by law, all parties waive any right to trial by jury in any proceeding relating to this Will.

8. GENERAL PROVISIONS

8.1 Severability. If any provision of this Will is determined unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be construed or reformed to effectuate my intent.

8.2 Headings. Headings are for convenience only and shall not affect interpretation.

8.3 Gender & Number. Words of any gender include all genders; words in the singular include the plural and vice versa.

8.4 Integration. This instrument, together with any valid written statement referenced in Section 3.4, constitutes my entire Will.

9. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR NAME], have signed this Will on the date set forth below in the presence of the undersigned witnesses, who at my request and in my presence, and in the presence of each other, have hereunto subscribed their names as witnesses.

Date: _______________________, 20____

_______________________________
[TESTATOR NAME], Testator

10. WITNESS ATTESTATION CLAUSE

We declare that the Testator, whom we know or have reasonable proof of identity, signed or acknowledged this instrument in our presence and declared it to be the Testator’s Last Will and Testament, and that we, in the Testator’s presence and in the presence of each other, have subscribed our names as witnesses.

Witness #1
_______________________________
Signature
Name: _________________________
Address: ______________________
City/State/ZIP: ________________

Witness #2
_______________________________
Signature
Name: _________________________
Address: ______________________
City/State/ZIP: ________________

11. SELF-PROVING AFFIDAVIT

(Mich. Comp. Laws § 700.2504)

STATE OF MICHIGAN, COUNTY OF _________, ss.

On this ____ day of __________, 20____, before me, the undersigned authority, personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me or satisfactorily proven to be the Testator and the witnesses whose names are subscribed to the attached or foregoing instrument, who, being duly sworn, did each for themselves declare to me that the Testator signed and executed the instrument as the Testator’s Last Will and Testament and that each of the witnesses, in the presence of the Testator and in the presence of each other, signed the Will as witnesses, and that to the best of the knowledge of each witness the Testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.

_________________________________
Notary Public, State of Michigan
County of ______________________
My commission expires: __________
Acting in the County of _________
(SEAL)