Put Yourself in a Box: Why the Harmless Error Doctrine Is No Excuse for Poor Planning
A plan is only as good as the paper it’s written—and properly signed—on. A valid, signed, witnessed and properly executed Will still matters. Yet time and again, people delay. They plan to go back to their lawyer, plan to sign next week, plan to finalize their intentions when life slows down. But life doesn’t slow down. And the result? Confusion, conflict, and sometimes devastating cost.
A recent Michigan case, In re Estate of Frankford, is a stark reminder of what can go wrong—and right, depending on whom you ask—when someone never “gets around to it” but leaves behind enough clues reconstruct their intent.
David Frankford died of cancer in 2022 without ever signing the estate plan his attorney had drafted for him back in 2015. For seven years, the documents sat unsigned in a box. But nearby, also in that box, were unsigned and undated handwritten notes about who should get the house, the cabin, the guns, the bank accounts. Notes about funeral wishes, trust terms, and even how much to spend on the memorial service.
David told his step-granddaughter Courtnie exactly where to find those documents. He'd talked to multiple people in his life about his plan. But still—there was no signature. No date. No witnesses. Just his handwriting and the hope that someone would know what he meant.
David’s brother, Michael, challenged everything. After all, if David died without a Will, Michael would inherit the entire probate estate as the sole intestate heir.
But after a bench trial, the court admitted a list included in David’s handwritten notes as his valid Will under Michigan’s “harmless error” rule—MCL 700.2503. This rule allows documents that don’t meet the formal requirements of a Will (no signature, no witnesses, no date) to be admitted if there is clear and convincing evidence that the decedent intended them to be their Will.
In Frankford, the court weighed:
Testimony from David’s friends and step-family
A consistent story about who David viewed as his family
His explicit instructions about distributions, funeral plans, and who should take charge
The appellate court upheld the decision, stating that while parts of the note looked like a “to-do” list, the overall content showed testamentary intent: “David told everybody what he wanted, he wrote down what he wanted. The lawyer put into writing what he wanted. It’s all consistent.”
Yes, it worked out. But at what cost?
Imagine the time, energy, and money it took to litigate this. Imagine the strain on relationships. Imagine if the court had sided with Michael instead—if the unsigned notes hadn’t been enough. Seven years of procrastination would have rewritten David’s entire legacy.
Here’s the hard truth: The harmless error doctrine is not a safety net. It’s a courtroom gamble.
We shouldn’t normalize stories like Frankford’s as proof that “it’ll all work out.” That’s magical thinking.
Instead, let it serve as a warning: Don’t leave your loved ones to piece together your wishes from scraps of paper, unexecuted drafts, and recollections. Don’t make them spend thousands—maybe hundreds of thousands—just to prove what you meant to do but never did.
Put yourself in a box. Not a literal one (yet), but a figurative one: the kind where your wishes are clearly documented, legally executed, and easy to find.
Overwhelmed? Take a breath. Break it down into bite-sized pieces. Because how do you eat an estate planning elephant? One bite at a time.
Need help with your estate planning elephant? Let’s chat.
