reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › 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 of another individual's will is such an event.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2513 - Separate Writing Identifying Devise of Certain Types of Tangible Personal Property.

700.2513 Separate writing identifying devise of certain types of tangible personal property.
Sec. 2513.
Whether or not the provisions relating to a holographic will apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be either in the testator's handwriting or signed by the testator at the end, and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › 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) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.
(c) A writing signed by the decedent evidencing the contract.
(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › 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 the person by whom it is delivered, may be deposited by the individual making the will, or by a person for him or her, with the court in the county where the testator resides. The court shall receive and safely keep the will and give a certificate of the deposit of the will. For this service, the court shall charge and collect a fee as provided by supreme court rule or the revised judicature act of 1961.
(2) During the lifetime of the testator, the will shall be delivered only to the testator, or to some person authorized by the testator in writing that is duly proved by the oath of a subscribing witness. After the death of the testator and at the first session of the court after the court receives notice of the testator's death, the will shall be publicly opened and retained by the court.
(3) After the death of the testator, if jurisdiction of the will for probate belongs to a court in another county, upon request of the personal representative named in the will or another person interested in its provisions, the will shall be forwarded by registered mail to the other court or delivered to the personal representative, or to some other person interested in the provisions of the will, to be presented for probate in the other court.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › 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 addressed by registered mail. A person who neglects to perform this duty without reasonable cause is liable for damages that are sustained by the neglect. A person who willfully refuses or fails to deliver a will or codicil after being ordered by the court in a proceeding brought for the purpose of compelling delivery is guilty of contempt of court and subject to the penalty for contempt.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › 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
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-6 - Part 6 Rules of Construction Applicable Only to Wills (700.2601...700.2608) › Section 700.2601 - Definitions.

700.2601 Definitions.
Sec. 2601.
As used in this part:
(a) "Alternative devise" means a devise that is expressly created by the will and, under the terms of the will, can take effect instead of another devise on the happening of 1 or more events, including survival of the testator or failure to survive the testator, whether an event is expressed in condition-precedent, condition-subsequent, or another form. A residuary clause constitutes an alternative devise with respect to a nonresiduary devise only if the will specifically provides that, upon lapse or failure, the nonresiduary devise or nonresiduary devises in general pass under the residuary clause.
(b) "Class member" includes, but is not limited to, an individual who fails to survive the testator but who would have taken under a devise in the form of a class gift had he or she survived the testator.
(c) "Devise" includes, but is not limited to, an alternative devise, a devise in the form of a class gift, and an exercise of a power of appointment.
(d) "Devisee" includes, but is not limited to, the following:
(i) A class member if the devise is in the form of a class gift.
(ii) The beneficiary of a trust, but not the trustee.
(iii) An individual or class member who was deceased at the time the testator executed his or her will or an individual or class member who was living at that time, but fails to survive the testator.
(iv) An appointee under a power of appointment exercised by the testator's will.
(e) "Stepchild" means a child of the surviving, deceased, or former spouse of the testator or of the donor of a power of appointment, who is not the testator's or donor's child.
(f) "Surviving devisee" or "surviving descendant" means a devisee or a descendant who neither predeceased the testator nor is considered to have predeceased the testator under section 2702.
(g) "Testator" includes the donee of a power of appointment if the power is exercised in the testator's will.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-6 - Part 6 Rules of Construction Applicable Only to Wills (700.2601...700.2608) › Section 700.2602 - Scope; Passage of Property and After-Acquired Property.

700.2602 Scope; passage of property and after-acquired property.
Sec. 2602.
(1) In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will.
(2) A will may provide for the passage of all property that the testator owns at death and all property acquired by the estate after the testator's death.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-6 - Part 6 Rules of Construction Applicable Only to Wills (700.2601...700.2608) › Section 700.2604 - Failure of Testamentary Provision.

700.2604 Failure of testamentary provision.
Sec. 2604.
(1) Except as provided in section 2603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
(2) Except as provided in section 2603, if the residue is devised to 2 or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-6 - Part 6 Rules of Construction Applicable Only to Wills (700.2601...700.2608) › Section 700.2605 - Increase in Securities; Accessions.

700.2605 Increase in securities; accessions.
Sec. 2605.
(1) If a testator executes a will that devises securities and the testator then owns securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities are acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:
(a) Securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options.
(b) Securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization.
(c) Securities of the same organization acquired as a result of a plan of reinvestment.
(2) Distributions in cash before death with respect to a described security are not part of the devise.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-6 - Part 6 Rules of Construction Applicable Only to Wills (700.2601...700.2608) › Section 700.2607 - Nonexoneration.

700.2607 Nonexoneration.
Sec. 2607.
A specific devise and a transfer under an exercise of a power of appointment that is equivalent to a specific devise, including the exercise of a right to withdraw specific property, passes subject to any mortgage or other security interest existing on the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-6 - Part 6 Rules of Construction Applicable Only to Wills (700.2601...700.2608) › Section 700.2608 - Ademption by Satisfaction.

700.2608 Ademption by satisfaction.
Sec. 2608.
(1) Property a testator gave in his or her lifetime to a person is treated as a satisfaction of a devise in whole or in part only if any of the following are true:
(a) The will provides for a deduction of the gift.
(b) The testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(c) The devisee acknowledges in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(2) For purposes of partial satisfaction, property given during the testator's lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
(3) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying sections 2603 and 2604, unless the testator's contemporaneous writing provides otherwise.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2701 - Scope.

700.2701 Scope.
Sec. 2701.
In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument unless the application of a particular section is limited by its terms to a specific type of provision or governing instrument.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2704 - Protection of Bona Fide Purchasers; Personal Liability of Recipient.

700.2704 Protection of bona fide purchasers; personal liability of recipient.
Sec. 2704.
(1) Section 2702 does not obligate a person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, to return the payment, item of property, or benefit and does not make such a person liable for the amount of the payment or the value of the item of property or benefit. However, a person who, not for value, receives a payment, item of property, or another benefit to which the person is not entitled under section 2702 is obligated to return the payment, item of property, or benefit or is personally liable for the amount of the payment, or the value of the item of property or benefit, to the person who is entitled to it under section 2702.
(2) If section 2702 or any part of that section is preempted by federal law with respect to a payment, an item of property, or another benefit covered by section 2702, a person who, not for value, receives the payment, item of property, or another benefit to which the person is not entitled under section 2702 is obligated to return the payment, item of property, or benefit or is personally liable for the amount of the payment, or the value of the item of property or benefit, to the person who would have been entitled to it if section 2702 or part of that section were not preempted.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2705 - Choice of Law as to Meaning and Effect of Governing Instrument.

700.2705 Choice of law as to meaning and effect of governing instrument.
Sec. 2705.
The meaning and legal effect of a governing instrument other than a trust are determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in part 2 of this article, the provisions relating to exempt property and allowances described in part 4 of this article, or another public policy of this state otherwise applicable to the disposition.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2706 - Power of Appointment; Meaning of Specific Reference Requirement.

700.2706 Power of appointment; meaning of specific reference requirement.
Sec. 2706.
If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2707 - Class Gifts Construed to Accord With Intestate Succession.

700.2707 Class gifts construed to accord with intestate succession.
Sec. 2707.
(1) An adopted individual or an individual born out of wedlock, and his or her respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles", "aunts", "nieces", or "nephews", are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers", "sisters", "nieces", or "nephews", are construed to include both types of relationships.
(2) In addition to the requirements of subsection (1), in construing a dispositive provision of a transferor who is not a natural parent, an individual born to the natural parent is not considered the child of that parent unless the individual lived while a minor as a regular member of the household of that natural parent or of that natural parent's parent, brother, sister, spouse, or surviving spouse.
(3) In addition to the requirements of subsection (1), in construing a dispositive provision of a transferor who is not an adopting parent, an adopted individual is not considered the child of the adopting parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of the household of the adopting parent.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2708 - Definitions Regarding Beneficiary Designation.

700.2708 Definitions regarding beneficiary designation.
Sec. 2708.
As used in this section and sections 2709 to 2712:
(a) "Alternative beneficiary designation" means a beneficiary designation that is expressly created by the governing instrument and, under the terms of the governing instrument, can take effect instead of another beneficiary designation on the happening of 1 or more events, including survival of the decedent or failure to survive the decedent, whether an event is expressed in condition-precedent, condition-subsequent, or another form.
(b) "Beneficiary" means the beneficiary of a beneficiary designation under which the beneficiary must survive the decedent. Beneficiary includes a class member if the beneficiary designation is in the form of a class gift; an individual or class member who was deceased at the time the beneficiary designation was executed; and an individual or class member who was then living but who failed to survive the decedent. Beneficiary excludes a joint tenant of a joint tenancy with the right of survivorship and a party to a joint and survivorship account.
(c) "Beneficiary designation" includes an alternative beneficiary designation and a beneficiary designation in the form of a class gift.
(d) "Class member" includes an individual who fails to survive the decedent, but who would have taken under a beneficiary designation in the form of a class gift had he or she survived the decedent.
(e) "Stepchild" means a child of the decedent's surviving, deceased, or former spouse, and not of the decedent.
(f) "Surviving beneficiary" or "surviving descendant" means a beneficiary or a descendant who did not predecease the decedent and is not considered to have predeceased the decedent under section 2702.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2709 - Substitute Gift.

700.2709 Substitute gift.
Sec. 2709.
If a beneficiary fails to survive the decedent and is a grandparent, a grandparent's descendant, or the decedent's stepchild, the following apply:
(a) Except as provided in subdivision (d), if the beneficiary designation is not in the form of a class gift and the deceased beneficiary leaves surviving descendants, a substitute gift is created in the beneficiary's surviving descendants. They take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the decedent.
(b) Except as provided in subdivision (d), if the beneficiary designation is in the form of a class gift, other than a beneficiary designation to "issue", "descendants", "heirs of the body", "heirs", "next of kin", "relatives", or "family" or a class described by language of similar import, a substitute gift is created in the surviving descendants of each deceased beneficiary. The property to which the beneficiaries would have been entitled had all of them survived the decedent passes to the surviving beneficiaries and the surviving descendants of the deceased beneficiaries. Each surviving beneficiary takes the share to which he or she would have been entitled had the deceased beneficiaries survived the decedent. Each deceased beneficiary's surviving descendants who are substituted for the deceased beneficiary take by representation the share to which the deceased beneficiary would have been entitled had the deceased beneficiary survived the decedent. For the purposes of this subdivision, "deceased beneficiary" means a class member who failed to survive the decedent and left 1 or more surviving descendants.
(c) For the purposes of section 2701, words of survivorship, such as in a beneficiary designation to an individual "if he survives me" or in a beneficiary designation to "my surviving children", are not, in the absence of additional evidence, a sufficient indication of an intent contrary to the application of this section.
(d) If a governing instrument creates an alternative beneficiary designation with respect to a beneficiary designation for which a substitute gift is created by subdivision (a) or (b), the substitute gift is superseded by the alternative beneficiary designation only if an expressly designated beneficiary of the alternative beneficiary designation is entitled to take.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2710 - Multiple Substitute Gifts.

700.2710 Multiple substitute gifts.
Sec. 2710.
(1) If, under section 2709, substitute gifts are created and not superseded with respect to more than 1 beneficiary designation and the beneficiary designations are alternative beneficiary designations, one to the other, the determination of which of the substitute gifts takes effect is resolved as follows:
(a) Except as provided in subdivision (b), the property passes under the primary substitute gift.
(b) If there is a younger-generation beneficiary designation, the property passes under the younger-generation substitute gift and not under the primary substitute gift.
(2) As used in this section:
(a) "Primary beneficiary designation" means the beneficiary designation that would have taken effect had all the deceased beneficiaries of the alternative beneficiary designations who left surviving descendants survived the decedent.
(b) "Primary substitute gift" means the substitute gift created with respect to the primary beneficiary designation.
(c) "Younger-generation beneficiary designation" means a beneficiary designation for which all of the following are true:
(i) Is to a descendant of a beneficiary of the primary beneficiary designation.
(ii) Is an alternative beneficiary designation with respect to the primary beneficiary designation.
(iii) Is a beneficiary designation for which a substitute gift is created.
(iv) Would have taken effect had all the deceased beneficiaries who left surviving descendants survived the decedent except the deceased beneficiary or beneficiaries of the primary beneficiary designation.
(d) "Younger-generation substitute gift" means the substitute gift created with respect to the younger-generation beneficiary designation.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2712 - Protection of Bona Fide Purchasers; Personal Liability of Recipient.

700.2712 Protection of bona fide purchasers; personal liability of recipient.
Sec. 2712.
(1) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is not obligated to return the payment, item of property, or benefit and is not liable for the amount of the payment or the value of the item of property or benefit. However, a person who, not for value, receives a payment, item of property, or another benefit to which the person is not entitled under sections 2709 and 2710 is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under sections 2709 and 2710.
(2) If this section and sections 2709 and 2710 are, or any part of these sections is, preempted by federal law with respect to a payment, an item of property, or another benefit covered by these sections, a person who, not for value, receives the payment, item of property, or another benefit to which the person is entitled under those sections is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it if these sections or a part of these sections were not preempted.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2713 - Definitions for Survivorship With Respect to Future Interests Under Terms of Trust.

700.2713 Definitions for survivorship with respect to future interests under terms of trust.
Sec. 2713.
As used in this section and sections 2714 to 2716:
(a) "Alternative future interest" means an expressly created future interest that can take effect in possession or enjoyment instead of another future interest on the happening of 1 or more events, including survival of an event or failure to survive an event, whether an event is expressed in condition-precedent, condition-subsequent, or another form. A residuary clause in a will does not create an alternative future interest with respect to a future interest created in a nonresiduary devise in the will, whether or not the will specifically provides that a lapsed or failed devise is to pass under the residuary clause.
(b) "Beneficiary" means the beneficiary of a future interest and includes a class member if the future interest is in the form of a class gift.
(c) "Class member" includes, but is not limited to, an individual who failed to survive the distribution date but who would have taken under a future interest in the form of a class gift had he or she survived the distribution date.
(d) "Distribution date" means, with respect to a future interest, the time when the future interest takes effect in possession or enjoyment. The distribution date does not need to occur at the beginning or end of a calendar day, but can occur at a time during the course of a day.
(e) "Future interest" includes, but is not limited to, an alternative future interest and a future interest in the form of a class gift.
(f) "Future interest under the terms of a trust" means a future interest that is created by a transfer creating a trust or to an existing trust or by an exercise of a power of appointment to an existing trust, directing the continuance of an existing trust, designating a beneficiary of an existing trust, or creating a trust.
(g) "Surviving beneficiary" or "surviving descendant" means a beneficiary or a descendant who does not predecease the distribution date and who is not considered to have predeceased the distribution date under section 2702.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2715 - Multiple Substitute Gifts.

700.2715 Multiple substitute gifts.
Sec. 2715.
(1) If, under section 2714, substitute gifts are created and not superseded with respect to more than 1 future interest and the future interests are alternative future interests, one to the other, the determination of which of the substitute gifts takes effect is resolved as follows:
(a) Except as provided in subdivision (b), the property passes under the primary substitute gift.
(b) If there is a younger-generation future interest, the property passes under the younger-generation substitute gift and not under the primary substitute gift.
(2) As used in this section:
(a) "Primary future interest" means the future interest that would have taken effect had all the deceased beneficiaries of the alternative future interests who left surviving descendants survived the distribution date.
(b) "Primary substitute gift" means the substitute gift created with respect to the primary future interest.
(c) "Younger-generation future interest" means a future interest for which all of the following are true:
(i) Is to a descendant of a beneficiary of the primary future interest.
(ii) Is an alternative future interest with respect to the primary future interest.
(iii) Is a future interest for which a substitute gift is created.
(iv) Would have taken effect had all the deceased beneficiaries who left surviving descendants survived the distribution date except the deceased beneficiary or beneficiaries of the primary future interest.
(d) "Younger-generation substitute gift" means the substitute gift created with respect to the younger-generation future interest.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2716 - No Substitute Taker; Lapse.

700.2716 No substitute taker; lapse.
Sec. 2716.
(1) Except as provided in subsection (2), if, after the application of sections 2714 and 2715, there is no surviving taker, the property passes in the following order:
(a) If the trust is created in a nonresiduary devise in the transferor's will or in a codicil to the transferor's will, the property passes under the residuary clause in the transferor's will. For purposes of this section, the residuary clause is treated as creating a future interest under the terms of a trust.
(b) If a taker is not produced by the application of subdivision (a), the property passes to the transferor's heirs under section 2720.
(2) If, after the application of sections 2714 and 2715, there is no surviving taker and if the future interest was created by the exercise of a power of appointment, the following apply:
(a) The property passes under the donor's gift-in-default clause, if any, which clause is treated as creating a future interest under the terms of a trust.
(b) If a taker is not produced by the application of subdivision (a), the property passes as provided in subsection (1). For purposes of subsection (1), "transferor" means the donor if the power was a nongeneral power and means the donee if the power was a general power.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2717 - Class Gifts to “Descendants,”“issue,” or “Heirs of the Body”; Form of Distribution if None Specified.

700.2717 Class gifts to “descendants,”“issue,” or “heirs of the body”; form of distribution if none specified.
Sec. 2717.
If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in the shares each class member would receive under the applicable law of intestate succession if the designated ancestor had died intestate at the time of distribution owning the subject matter of the class gift.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2719 - Worthier-Title Doctrine Abolished.

700.2719 Worthier-title doctrine abolished.
Sec. 2719.
The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs", "heirs at law", "next of kin", "distributees", "relatives", or "family", or language of similar import, does not create or presumptively create a reversionary interest in the transferor.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2720 - Interests in “Heirs”.

700.2720 Interests in “heirs”.
Sec. 2720.
If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs", "heirs at law", "next of kin", "relatives", or "family" or language of similar import, the property passes to those persons, including the state, in the shares that would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living, but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723) › Section 700.2721 - Construction as to Age of Majority.

700.2721 Construction as to age of majority.
Sec. 2721.
A provision contained in a governing instrument that makes reference to a "minor", "age of majority", or a similar phrase differentiating between an individual's majority and minority status shall be construed to refer to the legal age of majority in effect at the time the governing instrument was executed.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-8 - Part 8 General Provisions Concerning Probate and Nonprobate Transfers (700.2801...700.2809) › Section 700.2801 - Surviving Spouse; Status.

700.2801 Surviving spouse; status.
Sec. 2801.
(1) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, he or she is married to the decedent at the time of death. A decree of separation that does not terminate the status of married couple is not a divorce for purposes of this section.
(2) For purposes of parts 1 to 4 of this article and of section 3203, a surviving spouse does not include any of the following:
(a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each to the other or live together as a married couple.
(b) An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual.
(c) An individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
(d) An individual who, at the time of the decedent's death, is living in a bigamous relationship with another individual.
(e) An individual who did any of the following for 1 year or more before the death of the deceased person:
(i) Was willfully absent from the decedent spouse.
(ii) Deserted the decedent spouse.
(iii) Willfully neglected or refused to provide support for the decedent spouse if required to do so by law.
(3) For purposes of section 3206, a surviving spouse does not include either of the following:
(a) An individual described in subsection (2)(a) to (d).
(b) An individual who is a party to a divorce or annulment proceeding with the decedent at the time of the decedent's death.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2016, Act 57, Eff. June 27, 2016 ;-- Am. 2017, Act 20, Imd. Eff. Mar. 31, 2017
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-8 - Part 8 General Provisions Concerning Probate and Nonprobate Transfers (700.2801...700.2809) › Section 700.2802 - Definitions Relating to Effect of Certain Criminal Acts.

700.2802 Definitions relating to effect of certain criminal acts.
Sec. 2802.
As used in this section and sections 2803 and 2804:
(a) "Abuse, neglect, or exploitation" means an act, the commission of which is a felony, under any of the following:
(i) An act that constitutes child abuse under section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b.
(ii) A criminal act that is an offense under chapter XXA of the Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.
(iii) A violation of section 174a of the Michigan penal code, 1931 PA 328, MCL 750.174a.
(iv) A criminal act that is an offense involving domestic violence as that term is defined in section 27b of chapter VIII of the code of criminal procedure, 1927 PA 175, MCL 768.27b.
(v) A criminal act that constitutes abuse, neglect, or exploitation as those terms are defined in section 11 of the social welfare act, 1939 PA 280, MCL 400.11.
(b) "Disposition or appointment of property" includes, but is not limited to, a transfer of an item of property or another benefit to a beneficiary designated in a governing instrument.
(c) "Felon" means the individual who was convicted of committing the abuse, neglect, or exploitation.
(d) "Governing instrument" means a governing instrument executed by the decedent.
(e) "Revocable" means, with respect to a disposition, appointment, provision, or nomination, one under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the killer or felon, whether or not the decedent was then empowered to designate himself or herself in place of his or her killer or felon and whether or not the decedent then had the capacity to exercise the power.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2012, Act 173, Eff. Oct. 1, 2012
Popular Name:
EPIC