How to Write Your Own Will (and Why It’s Not as Simple as You Think)
I spend a lot of time thinking about how people avoid estate planning, not because they don’t care, but because they genuinely don’t know where to start. And nothing captures that better than a question I got recently while checking out at Trader Joe’s in Michigan.
A cashier named Ron noticed my Death Readiness sweatshirt and asked the question almost everyone has wondered at some point: “If I want to leave everything to my brother, can I just write it down and sign it?”
The short legal answer, at least in Michigan, is yes. A handwritten Will (called a holographic Will) is valid if it’s dated, signed, and the material portions are in your handwriting. But when it comes to planning for real-life families, real-life assets, and real-life drama, the better answer is: this gets messy fast.
People aren’t asking this question because they’re lazy. They’re asking it because lawyers are expensive, legal paperwork is intimidating, and most of us have a strong desire to take care of the people we love without involving strangers in our business. That motivation makes sense. But the way handwritten Wills interact with probate law can lead to outcomes that don’t match your intentions.
What Your Will Actually Controls (and What It Doesn’t)
There’s a common assumption that once you sign a Will, everything you own follows it. In reality, only some assets are controlled by your Will.
If you own a house in your name alone, your Will can direct where it goes, unless you’ve recorded a transfer-on-death deed, which bypasses your Will entirely.
If you have retirement accounts, life insurance, or bank accounts with beneficiary designations, those assets go where the form says they should go, even if your Will says something different.
This is where people get tripped up. You can write, “I leave everything to my brother,” but if your 401(k) beneficiary form still has your sister listed from years ago, your sister gets the money. This isn’t about what’s “fair.” It’s about how different types of property legally transfer at death.
Spousal Rights Are Not Optional
In Michigan (and most other states), a surviving spouse has the right to take a statutory share of the estate, regardless of what the Will says. That means you cannot disinherit a spouse simply by handwriting their name out of your estate plan.
If you’re married and want to leave your 401(k) to someone other than your spouse, your spouse must sign off on that decision. It’s not a loophole; it's the law. A handwritten Will doesn’t override those protections.
If You Insist on Writing a Will Yourself, Keep It Simple
There are situations where a handwritten Will might make sense, most often in emergency scenarios where you simply don’t have time or access to an attorney. In those situations, the goal is not perfection. It’s clarity.
A workable handwritten Will, in states that permit them, includes:
A clear statement that the document is your Will
A definition of “Property” so you don’t have to rewrite legal language over and over
Naming an Executor (and a backup)
Naming one beneficiary (and a backup)
A plan for what happens if both beneficiaries die before you
These pieces aren’t about being fancy. They’re about avoiding the legal “what ifs” that stall estates in probate years. In the episode, How to write your own Will (and why you shouldn’t), I walk step-by-step through a sample Michigan holographic Will using fictional names, so you can see how it works in practice.
Notarization Isn’t Required, but It Can Help
Michigan doesn’t require notarization for a holographic Will. But adding a notarized signature can make it harder for someone to challenge the document later by arguing you didn’t sign it. It’s not a guarantee against litigation, but it provides one more layer of credibility.
Where Handwritten Wills Go Off the Rails
The biggest source of trouble is when people try to solve complex problems with emotional language, multiple beneficiaries, sentimental items, or creative instructions.
A handwritten Will is not the place to:
Leave gifts to minors
Attempt to create a trust
Give money to someone receiving government benefits
Divide assets between multiple people
Share sentimental items among siblings
Write cathartic speeches disguised as instructions
These scenarios are too legally complex to DIY without serious consequences.
I wish I could have answered Ron’s question in the Trader Joe’s parking lot in less than a minute. But estate planning doesn’t fit neatly into soundbites.
If you’re going to DIY it, keep it brutally simple. If you want something tailored, protective, and durable, work with someone who understands the legal and human messiness that comes with family, money, and death.
Listen to the full episode here:
