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Section 700.2501 – Will; Maker; Sufficient Mental Capacity.

700.2501 Will; maker; sufficient mental capacity. Sec. 2501. (1) An individual 18 years of age or older who has sufficient mental capacity may make a will. (2) An individual has sufficient mental capacity to make a will if all of the following requirements are met: (a) The individual has the ability to understand that he […]

Section 700.2502 – Execution; Witnessed Wills; Holographic Wills.

700.2502 Execution; witnessed wills; holographic wills. Sec. 2502. (1) Subject to section 1202, and except as provided in subsection (2) and in sections 2503, 2506, and 2513, a will is valid only if it is all of the following: (a) In writing. (b) Signed by the testator or in the testator’s name by some other […]

Section 700.2503 – Writings Intended as Wills.

700.2503 Writings intended as wills. Sec. 2503. Although a document or writing added upon a document was not executed in compliance with section 2502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence […]

Section 700.2504 – Self-Proved Will.

700.2504 Self-proved will. Sec. 2504. (1) A will may be simultaneously executed, attested, and made self-proved by acknowledgment of the will by the testator and 2 witnesses’ sworn statements, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer’s certificate, under […]

Section 700.2505 – Witnesses.

700.2505 Witnesses. Sec. 2505. (1) An individual generally competent to be a witness may act as a witness to a will. (2) The signing of a will by an interested witness does not invalidate the will or any provision of it. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC

Section 700.2506 – Choice of Law as to Execution.

700.2506 Choice of law as to execution. Sec. 2506. A written will is valid if executed in compliance with section 2502 or 2503, with the law at the time of execution of the place where the will is executed, or with the law of the place where, at the time of execution or at the […]

Section 700.2507 – Revocation by Writing or by Act.

700.2507 Revocation by writing or by act. Sec. 2507. (1) A will or a part of a will is revoked by either of the following acts: (a) Execution of a subsequent will that revokes the previous will or a part of the will expressly or by inconsistency. (b) Performance of a revocatory act on the […]

Section 700.2508 – Revocation by Change of Circumstances.

700.2508 Revocation by change of circumstances. Sec. 2508. Except as provided in sections 2802 to 2809, a change of circumstances does not revoke a will or a part of a will. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC

Section 700.2509 – Revival of Revoked Will.

700.2509 Revival of revoked will. Sec. 2509. (1) If a subsequent will that wholly revoked a previous will is later revoked by a revocatory act under section 2507(1)(b), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent […]

Section 700.2510 – Incorporation by Reference.

700.2510 Incorporation by reference. Sec. 2510. A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC

Section 700.2511 – Testamentary Additions to Trusts.

700.2511 Testamentary additions to trusts. Sec. 2511. (1) A will may validly devise property to the trustee of a trust established or to be established in any of the following manners: (a) During the testator’s lifetime by the testator, by the testator and some other person, or by some other person, including a funded or […]

Section 700.2512 – Events of Independent Significance.

700.2512 Events of independent significance. Sec. 2512. A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or revocation […]

Section 700.2514 – Contracts Concerning Succession.

700.2514 Contracts concerning succession. Sec. 2514. (1) If executed after July 1, 1979, a contract to make a will or devise, not to revoke a will or devise, or to die intestate may be established only by 1 or more of the following: (a) Provisions of a will stating material provisions of the contract. (b) […]

Section 700.2515 – Deposit of Will With Court in Testator’s Lifetime.

700.2515 Deposit of will with court in testator’s lifetime. Sec. 2515. (1) A will in writing that is enclosed in a sealed wrapper, on which is endorsed the testator’s name, place of residence, and social security number or state of Michigan driver’s license number, if any, and the day on which and the name of […]

Section 700.2516 – Delivery of Will or Codicil by Custodian.

700.2516 Delivery of will or codicil by custodian. Sec. 2516. A custodian of a will or codicil or person having possession or care of a will or codicil shall forward it to the court having jurisdiction with reasonable promptness after the death of the testator either by delivering it personally or by sending it properly […]

Section 700.2517 – Opening of Safe Deposit Box.

700.2517 Opening of safe deposit box. Sec. 2517. (1) In the estate of a decedent who died before October 1, 1993, the following apply to the opening of a safe deposit box: (a) A safe deposit box of which the decedent was an individual or joint lessee may be opened following the decedent’s death only […]

Section 700.2518 – Penalty Clause for Contest.

700.2518 Penalty clause for contest. Sec. 2518. A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC

Section 700.2519 – Statutory Will.

700.2519 Statutory will. Sec. 2519. (1) A will executed in the form prescribed by subsection (2) and otherwise in compliance with the terms of the Michigan statutory will form is a valid will. A person printing and distributing the Michigan statutory will shall print and distribute the form verbatim as it appears in subsection (2). […]