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-8 - Part 8 General Provisions Concerning Probate and Nonprobate Transfers (700.2801...700.2809) › Section 700.2805 - Protection of Bona Fide Purchasers; Personal Liability of Recipient.

700.2805 Protection of bona fide purchasers; personal liability of recipient.
Sec. 2805.
(1) Section 2803 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 such a person is not liable under section 2803 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, an item of property, or another benefit to which the person is not entitled under section 2803 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 2803.
(2) If this section and sections 2803 and 2804 are, or a part of those 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 not entitled under these 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 the 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-8 - Part 8 General Provisions Concerning Probate and Nonprobate Transfers (700.2801...700.2809) › Section 700.2806 - Definitions Relating to Revocation of Probate and Nonprobate Transfers by Divorce; Revocation by Other Changes of Circumstances.

700.2806 Definitions relating to revocation of probate and nonprobate transfers by divorce; revocation by other changes of circumstances.
Sec. 2806.
As used in this section and sections 2807 to 2809:
(a) "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.
(b) "Divorce or annulment" means a divorce or annulment, or a dissolution or declaration of invalidity of a marriage, that would exclude the spouse as a surviving spouse within the meaning of section 2801. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section and sections 2807 to 2809.
(c) "Divorced individual" includes, but is not limited to, an individual whose marriage has been annulled.
(d) "Governing instrument" means a governing instrument executed by a divorced individual before the divorce from, or annulment of his or her marriage to, his or her former spouse.
(e) "Relative of the divorced individual's former spouse" means an individual who is related to the divorced individual's former spouse by blood, adoption, or affinity and who, after the divorce or annulment, is not related to the divorced individual by blood, adoption, or affinity.
(f) "Revocable" means, with respect to a disposition, appointment, provision, or nomination, one under which the divorced individual, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of his or her former spouse or former spouse's relative, whether or not the divorced individual was then empowered to designate himself or herself in place of his or her former spouse or in place of his or her former spouse's relative and whether or not the divorced individual then had the capacity to exercise 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-8 - Part 8 General Provisions Concerning Probate and Nonprobate Transfers (700.2801...700.2809) › Section 700.2809 - Protection of Bona Fide Purchasers; Personal Liability of Recipient.

700.2809 Protection of bona fide purchasers; personal liability of recipient.
Sec. 2809.
(1) Section 2807 does not obligate an individual who purchases property from a former spouse, a relative of a former spouse, or another person for value and without notice, or who receives from a former spouse, a relative of a former spouse, or another person 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 such a person is not liable under section 2807 for the amount of the payment or the value of the item of property or benefit. However, a former spouse, relative of a former spouse, or other person who, not for value, received a payment, item of property, or another benefit to which that person is not entitled under section 2807 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 2807.
(2) If this section and sections 2807 and 2808 are, or a part of 1 of those sections is, preempted by federal law with respect to a payment, an item of property, or another benefit covered by these sections, a former spouse, relative of the former spouse, or another person who, not for value, receives a payment, an item of property, or another benefit to which that person is not entitled under these 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 1 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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2902 - Right to Disclaim; Partial Disclaimers; Limitation on Right to Disclaim.

700.2902 Right to disclaim; partial disclaimers; limitation on right to disclaim.
Sec. 2902.
(1) A person, or a fiduciary representing a person to whom a disclaimable interest devolves, may disclaim a disclaimable interest in whole or in part. A trustee, with respect to the trust as a whole or with respect to a separate trust that is or will be established under the governing instrument, may disclaim a disclaimable interest, in whole or in part, but only to the extent that the governing instrument expressly gives the trustee the right to disclaim.
(2) A disclaimer may be of a specific asset, an interest in a specific asset, a pecuniary amount, a fractional or percentage share, or a limited interest or estate. A provision in a power of attorney granting the agent the authority to do whatever the principal could do, or words of similar effect, includes the authority to disclaim, unless the authority to disclaim is specifically excluded or limited. Unless the governing instrument is a trust instrument that does not authorize the trustee to disclaim or a power of attorney that denies the agent the authority to disclaim, the right to disclaim exists notwithstanding the existence of either of the following:
(a) A spendthrift provision or similar restriction that limits the interest of the disclaimant.
(b) A restriction or limitation on the right to disclaim contained in the governing instrument.
(3) A fiduciary may disclaim a fiduciary power. The right to disclaim a fiduciary power exists notwithstanding a restriction or limitation on the right to disclaim contained in the governing instrument.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004
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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2903 - Contents; Signature.

700.2903 Contents; signature.
Sec. 2903.
(1) A disclaimer is not valid unless it complies with all of the following:
(a) Is in writing.
(b) Declares the disclaimer.
(c) Describes the disclaimed interest.
(d) Is signed by the disclaimant.
(e) Is delivered as provided in sections 2904, 2905, and 2906.
(2) If a disclaimable interest is disclaimed by a fiduciary on behalf of the person to whom the disclaimable interest devolves, the disclaimer must be signed by all incumbent fiduciaries. Unless the governing instrument requires otherwise, a disclaimer of a disclaimable interest by a trustee may be signed by less than all incumbent trustees. A disclaimer of a fiduciary power by a fiduciary may be signed by less than all incumbent fiduciaries.
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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2904 - Delivery; Timing; Appropriate Persons.

700.2904 Delivery; timing; appropriate persons.
Sec. 2904.
(1) Except as provided in section 2905, if a disclaimed interest arises under a will or trust created by will, or by the laws of intestacy, the disclaimer must be delivered after the death of the owner of the property and before any event described in section 2910. If a disclaimed interest arises under a will or by the laws of intestacy, the disclaimer must be delivered to the personal representative of the deceased owner's estate. If a disclaimed interest arises under a trust created by will, the disclaimer must be delivered to the trustee of the trust created by will or, if a trustee has not been appointed, to the personal representative of the deceased owner's estate.
(2) Except as provided in section 2905, if a disclaimed interest arises under a governing instrument other than a will or trust created by will, the disclaimer must be delivered after the effective date of the governing instrument and before any event described in section 2910. A disclaimer under this subsection must be delivered in 1 of the following manners:
(a) If the disclaimer is made by a beneficiary of a trust, the disclaimer must be delivered to the trustee.
(b) If the disclaimer is made by a donee with respect to a gift from a living donor, the disclaimer must be delivered to the donor of the gift.
(c) If the disclaimer is made by a beneficiary under a beneficiary designation, the disclaimer must be delivered to the payor.
(d) If the disclaimer is made by a trustee with respect to a separate trust that is or will be established under the governing instrument, the disclaimer must be delivered to another incumbent trustee of that trust who has not disclaimed or to all the beneficiaries of that trust who are then living and whose whereabouts are known or reasonably ascertainable.
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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2905 - Delivery; Disclaimer Under Power of Appointment; Disclaimer of Joint Property or Fiduciary Power.

700.2905 Delivery; disclaimer under power of appointment; disclaimer of joint property or fiduciary power.
Sec. 2905.
(1) A disclaimed interest that is subject to, or arises under, an exercise, release, or lapse of a power of appointment, must comply with the following:
(a) A disclaimer by an appointee must be delivered to the donee, to the personal representative of the donee's estate, or to the fiduciary under the instrument that created the power of appointment. The disclaimer by the appointee must be delivered after the exercise of the power of appointment by the donee and before any event described in section 2910.
(b) A disclaimer by a taker in default must be delivered to the donee, to the fiduciary under the instrument that created the power of appointment, or to 1 of the persons entitled to the property in the event of a disclaimer. The disclaimer by a taker in default may be delivered before or after the lapse or release of the power of appointment, and must be delivered before any event described in section 2910.
(2) If the disclaimed interest arises out of joint property, the disclaimer must be delivered after creation of the joint ownership and before any event described in section 2910, to the person who created the joint property, to a remaining owner who has not disclaimed, or to the person or fiduciary entitled to the disclaimed interest in the event of a disclaimer. The barring of the right to disclaim a present interest under section 2910 does not bar the right to disclaim the future interest.
(3) A fiduciary power may be disclaimed at any time, before or after exercise of the power. The disclaimer must be delivered to the person who established the instrument that gave rise to the power or to 1 of the following:
(a) If the fiduciary is a personal representative, to all the devisees under the will who are then living and whose whereabouts are known or reasonably ascertainable.
(b) If the fiduciary is a trustee, to another incumbent trustee who has not disclaimed the power or to all the beneficiaries of the trust who are then living and whose whereabouts are known or reasonably ascertainable.
(c) If the fiduciary is a guardian or conservator, to the interested persons.
(d) If the fiduciary is an agent, to the principal or, if the principal is legally incapacitated, to the principal's presumptive heirs at law.
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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2906 - Manner of Delivery; Filing With Court.

700.2906 Manner of delivery; filing with court.
Sec. 2906.
(1) A disclaimer must be delivered in 1 of the following manners:
(a) By personally handing it to the person to whom it is to be delivered or to a fiduciary representing that person.
(b) By enclosing it in a sealed envelope with first-class postage fully prepaid, addressed to the person to whom it is to be delivered or to a fiduciary representing that person, and depositing the envelope and its contents in the United States mail.
(c) By another means that is reasonably likely to accomplish delivery to the person who is to receive the disclaimer or to a fiduciary representing that person.
(2) If delivery is to be made to a fiduciary, the following apply:
(a) If a fiduciary is not currently serving, the delivery of the disclaimer is made by filing the disclaimer with the probate court that has jurisdiction to entertain proceedings to appoint or qualify the fiduciary.
(b) If the fiduciary cannot be located, the delivery of the disclaimer is made by filing the disclaimer with the probate court that has jurisdiction over the fiduciary.
(3) A copy of a disclaimer may be filed in a probate court where proceedings are pending concerning the disclaimed interest or in a probate court that would have jurisdiction if proceedings were commenced. If the disclaimed interest pertains to real property, a copy of the disclaimer may be recorded in the office of the register of deeds of the county in which the property is located.
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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2907 - Disposition of Disclaimed Interest; Effect on Future Interest.

700.2907 Disposition of disclaimed interest; effect on future interest.
Sec. 2907.
(1) Except as otherwise provided in this section and section 2908, if a disclaimed interest arises under a will or a trust created by will, or by the laws of intestacy, and the decedent has not provided for another disposition of that interest if it is disclaimed or for another disposition of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant had predeceased the decedent. However, if by law, or under the will or trust created by will, the descendants of the disclaimant would take the disclaimant's share by representation if the disclaimant predeceased the decedent, then the disclaimed interest passes by representation to the descendants of the disclaimant who survive the decedent.
(2) A future interest that takes effect in possession or enjoyment upon the termination of the disclaimed interest takes effect as if the disclaimant had predeceased the decedent. A future interest that is held by the disclaimant and that takes effect at a time certain is not accelerated and takes effect at the time certain.
(3) Except as otherwise provided in this section and section 2908, if the disclaimed interest arises under a governing instrument other than a will or trust created by will, and the governing instrument does not provide for another disposition of that interest if it is disclaimed or for another disposition of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant had died before the time when the interest was entitled to take effect in possession or enjoyment. However, if by law or under the governing instrument the descendants of the disclaimant would take the disclaimant's share by representation if the disclaimant predeceased the effective date of the instrument, then the disclaimed interest passes by representation to the descendants of the disclaimant who survive the effective date of the instrument.
(4) A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the time when the interest was entitled to take effect in possession or enjoyment. A future interest that is held by the disclaimant and that takes effect at a time certain is not accelerated and takes effect at the time certain.
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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2908 - Disposition of Disclaimed Joint Interest, Trust Interest, and Fiduciary Power.

700.2908 Disposition of disclaimed joint interest, trust interest, and fiduciary power.
Sec. 2908.
(1) If a disclaimed interest arises out of joint property created by a governing instrument, testamentary or nontestamentary, the following apply:
(a) If the disclaimant is the only living owner, the disclaimed interest devolves to the estate of the last to die of the other joint owners.
(b) If the disclaimant is not the only living owner, the disclaimed interest devolves to the other living joint owners equally or, if there is only 1 living owner, all to the other living owner.
(2) If the donee of a power of appointment or other power not held in a fiduciary capacity disclaims the power, all of the following apply:
(a) If the donee has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes effective.
(b) If the donee has exercised the power, the disclaimer takes effect immediately after the last exercise of the power.
(c) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
(3) If all incumbent trustees disclaim a disclaimable interest, and the governing instrument does not provide for another disposition of the disclaimed interest if it is disclaimed or for another disposition of disclaimed or failed interests in general, then the disclaimed interest devolves as if the trust with respect to which the disclaimer was made never existed. If less than all incumbent trustees disclaim a disclaimable interest and the governing instrument does not provide for another disposition of the disclaimed interest under those circumstances, then the trustee who disclaims is treated as never having had any interest in or power over the disclaimed interest.
(4) If a fiduciary disclaims a fiduciary power, the fiduciary power ceases to exist as of the effective date of the disclaimer. A disclaimer of a fiduciary power by 1 of multiple incumbent fiduciaries is binding only on the fiduciary who disclaims and is not binding on the other incumbent fiduciaries or on successor fiduciaries. A disclaimer of a fiduciary power by all incumbent fiduciaries is binding on all successor fiduciaries, unless the disclaimer states otherwise.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005
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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2909 - Persons Bound; Effect of Disclaimer.

700.2909 Persons bound; effect of disclaimer.
Sec. 2909.
(1) A disclaimer, or a written waiver of the right to disclaim, is binding upon the disclaimant or person waiving the right to disclaim, and all persons claiming through or under him or her.
(2) A disclaimer acts as a nonacceptance of the disclaimed interest, rather than as a transfer of the disclaimed interest. The disclaimant is treated as never having received the disclaimed 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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2910 - Barring Right to Disclaim.

700.2910 Barring right to disclaim.
Sec. 2910.
(1) The right to disclaim property is barred by any of the following events that occur after the event giving rise to the right to disclaim and before the disclaimer is perfected:
(a) An assignment, conveyance, encumbrance, pledge, or transfer of the property, or a contract for such a transaction.
(b) A written waiver of the right to disclaim.
(c) An acceptance of the disclaimable interest or a benefit under the disclaimable interest after actual knowledge that a property right has been conferred.
(d) A sale of the property under judicial sale.
(e) The expiration of the permitted applicable perpetuities period.
(2) The right to disclaim is barred to the extent provided by other applicable law. A partial bar does not preclude the disclaimant from disclaiming all or any part of the balance of the property if the disclaimant has received a portion of the property and there still remains an interest that the disclaimant is yet to receive. An act that bars the right to disclaim a present interest in joint property does not bar the right to disclaim a future interest in joint property.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004
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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2911 - Abolition of Common Law Right.

700.2911 Abolition of common law right.
Sec. 2911.
The common law right of disclaimer or renunciation is abolished. This part does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest in property under another statute.
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-9 - Part 9 Disclaimers (700.2901...700.2912) › Section 700.2912 - Effect on Existing Property Interests.

700.2912 Effect on existing property interests.
Sec. 2912.
An interest in property that exists on the effective date of this act as to which, if a present interest, the time for delivering a disclaimer under this part has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed after the effective date of this act and before any event described in section 2910.
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-10 - Part 10 International Wills (700.2951...700.2959) › Section 700.2951 - Definitions.

700.2951 Definitions.
Sec. 2951.
As used in this part:
(a) "International will" means a will executed in conformity with this part.
(b) "Authorized individual" means an individual who by section 2959 or by the laws of the United States, including members of the diplomatic and consular service of the United States designated by foreign service regulations, is empowered to supervise the execution of international 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-10 - Part 10 International Wills (700.2951...700.2959) › Section 700.2952 - Validity.

700.2952 Validity.
Sec. 2952.
(1) If a will is made in the form of an international will that complies with the requirements of this part, the will is valid in regard to its form irrespective of the particular place where the will is made, of the location of assets, or of the testator's nationality, domicile, or residence.
(2) A will's invalidity as an international will does not affect its formal validity as a will of another kind.
(3) This part does not apply to the form of a testamentary disposition made by 2 or more individuals in 1 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-10 - Part 10 International Wills (700.2951...700.2959) › Section 700.2953 - Form and Procedure; Requirements.

700.2953 Form and procedure; requirements.
Sec. 2953.
To comply with this part as a valid international will, a will shall meet all of the following requirements regarding form and procedure:
(a) The will shall be made in writing, but does not need to be written by the testator personally. The will may be written in any language and may be written by hand or by any other means.
(b) The testator shall declare in the presence of 2 witnesses and an authorized individual that the document is the testator's will and that he or she knows its contents. The testator need not inform the witnesses or the authorized person of the will's contents.
(c) In the witnesses' and the authorized individual's presence, the testator shall sign the will or, if the testator has previously signed the will, shall acknowledge his or her signature.
(d) If the testator is unable to sign the international will, the absence of the testator's signature does not affect the will's validity if the testator indicates the reason for the inability and the authorized individual makes note of the reason on the will. In such a case, it is permissible, but not required, for another individual present, including a witness or the authorized individual, to sign the testator's name at the testator's direction, which act the authorized individual shall also note on the will.
(e) The witnesses and the authorized individual shall there and then attest the will by signing in the presence of the testator.
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-10 - Part 10 International Wills (700.2951...700.2959) › Section 700.2954 - Form and Procedure; Additional Recommendations.

700.2954 Form and procedure; additional recommendations.
Sec. 2954.
(1) To further assure an international will's acceptance, in addition to the section 2953 requirements, all of the following are recommended regarding form and procedure:
(a) The testator's, witnesses', and authorized individual's signatures should be placed at the end of the will. If the will consists of several sheets, the testator should sign each sheet. If the testator is unable to sign, the individual signing on the testator's behalf should sign each sheet or, if there is no such individual, the authorized individual should sign each sheet. In addition, each sheet should be consecutively numbered.
(b) The will's date is the date of its signature by the authorized individual. The authorized individual should note that date at the end of the will.
(c) The authorized individual should ask the testator whether he or she wishes to make a declaration concerning the will's safekeeping. If so and at the testator's express request, the place where the testator intends to have the will kept should be mentioned in the certificate provided for in section 2955.
(2) A will executed in compliance with section 2953 is not invalid merely because it does not comply with this section.
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-10 - Part 10 International Wills (700.2951...700.2959) › Section 700.2955 - Certificate.

700.2955 Certificate.
Sec. 2955.
The authorized individual shall attach to the will a certificate signed by the authorized individual establishing that the will complies with the requirements of this part for valid execution of an international will. The authorized individual shall keep a copy of the certificate and deliver another to the testator. The certificate must be in substantially the following form, except the provisions of the form that are optional provisions need only be included if the circumstances of the will render them applicable:
CERTIFICATE
(Convention of October 26, 1973)
1. I, ________________________________________________,
(Name, address and capacity)
a person authorized to act in connection with international wills
2. Certify that on _______ at ______________________________
(Date)
(Place)
3. (Testator) ______________________________________________
(Name, address, date and place of birth)
in my presence and that of the witnesses
4. (a) _____________________________________________________
(Name, address, date and place of birth)
(b) _____________________________________________________
(Name, address, date and place of birth)
has declared that the attached document is his (or her) will andthat he (or she) knows the contents thereof.
5. I furthermore certify that:
6. (a) In my presence and in that of the witnesses (1) the testator has signed the will or has acknowledged his (or her) signature previously affixed. * following a declaration of the testator stating that he (or she) (2) was unable to sign his (or her) will for the following reason ____________________, I have mentioned this declaration on the will * and the signature has been affixed by
__________________________________________________________________
(Name and address)
7. (b) The witnesses and I have signed the will;
8. *(c) Each page of the will has been signed by __________________________ and numbered;
9. (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;
10. (e) The witnesses have met the conditions requisite to act as such according to the law under which I am acting;
11. *(f) The testator has requested me to include the following statement concerning the safekeeping of his (or her) will:
12. PLACE OF EXECUTION
13. DATE
14. SIGNATURE and, if necessary, SEAL
* to be completed if appropriate.
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-10 - Part 10 International Wills (700.2951...700.2959) › Section 700.2956 - Effect of Certificate.

700.2956 Effect of certificate.
Sec. 2956.
In the absence of evidence to the contrary, the authorized individual's certificate is conclusive of an international will's validity under this part. The absence or irregularity of a certificate does not affect the validity of a will under this part.
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-10 - Part 10 International Wills (700.2951...700.2959) › Section 700.2957 - Revocation.

700.2957 Revocation.
Sec. 2957.
An international will is subject to the ordinary rules of revocation of 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-10 - Part 10 International Wills (700.2951...700.2959) › Section 700.2958 - Source and Construction.

700.2958 Source and construction.
Sec. 2958.
Sections 2951 to 2957 derive from "Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will". In interpreting and applying this part, regard shall be had to its international origin and to the need for uniformity in its interpretation.
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-10 - Part 10 International Wills (700.2951...700.2959) › Section 700.2959 - Persons Authorized to Act in Relation to International Will; Eligibility; Recognition by Authorizing Agency.

700.2959 Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.
Sec. 2959.
An individual who is admitted to practice law before the courts of this state and who is in good standing as an active law practitioner of this state is an authorized individual empowered to supervise the execution of an international 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 III - Probate of Wills and Administration (700.3101...700.3988) › 386-1998-III-1 - Part 1 General Provisions (700.3101...700.3108) › Section 700.3101 - Devolution of Estate at Death; Restrictions.

700.3101 Devolution of estate at death; restrictions.
Sec. 3101.
An individual's power to leave property by will, and the rights of creditors, devisees, and heirs to his or her property, are subject to the restrictions and limitations contained in this act to facilitate the prompt settlement of estates. Upon an individual's death, the decedent's property devolves to the persons to whom the property is devised by the decedent's last will or to those indicated as substitutes for them in cases involving lapse, disclaimer, or other circumstances affecting devolution of a testate estate, or in the absence of testamentary disposition, to the decedent's heirs or to those indicated as substitutes for them in cases involving disclaimer or other circumstances affecting devolution of an intestate estate, subject to homestead allowance, family allowance, and exempt property, to rights of creditors, to the surviving spouse's elective share, and to administration.
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 III - Probate of Wills and Administration (700.3101...700.3988) › 386-1998-III-1 - Part 1 General Provisions (700.3101...700.3108) › Section 700.3102 - Validity of Will by Order of Probate.

700.3102 Validity of will by order of probate.
Sec. 3102.
Except to collect assets under section 3983, to be effective to prove the transfer of property or to nominate a personal representative, a will must be declared valid by a register's order of informal probate or by a court's adjudication of probate.
History:
1998, Act 386, Eff. Apr. 1, 1998 ;-- 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 III - Probate of Wills and Administration (700.3101...700.3988) › 386-1998-III-1 - Part 1 General Provisions (700.3101...700.3108) › Section 700.3103 - Necessity of Appointment for Administration.

700.3103 Necessity of appointment for administration.
Sec. 3103.
Except as otherwise provided in article IV, to acquire the powers and undertake the duties and liabilities of a decedent's personal representative, a person must be appointed by the register or by court order, must qualify, and must be issued letters. The issuance of letters commences an estate's administration.
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 III - Probate of Wills and Administration (700.3101...700.3988) › 386-1998-III-1 - Part 1 General Provisions (700.3101...700.3108) › Section 700.3104 - Claim Against Decedent; Necessity of Administration.

700.3104 Claim against decedent; necessity of administration.
Sec. 3104.
(1) Except as otherwise provided in subsection (2), a proceeding to enforce a claim against a decedent's estate or the decedent's successors shall not be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, a proceeding or action to enforce a claim against the estate is governed by the procedure prescribed by this article. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in section 3955 or from a former personal representative individually liable as provided in section 3956.
(2) This act does not apply to a proceeding by a secured creditor of the decedent to enforce the creditor's right to the creditor's security except as provided in part 8 of article III and part 6 of article VII.
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 III - Probate of Wills and Administration (700.3101...700.3988) › 386-1998-III-1 - Part 1 General Provisions (700.3101...700.3108) › Section 700.3105 - Proceedings Affecting Devolution and Administration.

700.3105 Proceedings affecting devolution and administration.
Sec. 3105.
A person interested in a decedent's estate may apply to the register for a determination in the informal proceedings provided in this article and may petition the court for orders in formal proceedings within the court's jurisdiction.
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 III - Probate of Wills and Administration (700.3101...700.3988) › 386-1998-III-1 - Part 1 General Provisions (700.3101...700.3108) › Section 700.3106 - Proceedings Within Jurisdiction of Court; Service; Jurisdiction Over Persons.

700.3106 Proceedings within jurisdiction of court; service; jurisdiction over persons.
Sec. 3106.
In a proceeding within the court's jurisdiction in which notice is required by this act or by court rule, and in a proceeding to construe a probated will or determine heirs that concerns an estate that has not been opened for administration, an interested person may be bound by court order with respect to property in, or subject to the laws of, this state by notice in conformity with section 1401. An order is binding on all who are given notice of the proceeding, even if fewer than all interested persons are notified.
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 III - Probate of Wills and Administration (700.3101...700.3988) › 386-1998-III-1 - Part 1 General Provisions (700.3101...700.3108) › Section 700.3107 - Proceedings; Scope; Independence.

700.3107 Proceedings; scope; independence.
Sec. 3107.
(1) Unless a proceeding involves supervised administration as described in part 5 of this article, the following apply:
(a) Each proceeding before the court or register is independent of any other proceeding involving the same estate.
(b) A petition for a formal court order may combine various requests for relief in a single proceeding if the order sought may be a final order and may be granted without delay.
(2) Except as required in this article for another proceeding, the following apply:
(a) A petition is not defective because it fails to embrace all matters that might then be the subject of a final order.
(b) A proceeding for probate of a will or an adjudication of no will may be combined with a proceeding for appointment of a personal representative.
(c) A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
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 III - Probate of Wills and Administration (700.3101...700.3988) › 386-1998-III-1 - Part 1 General Provisions (700.3101...700.3108) › Section 700.3108 - Repealed. 2000, Act 54, Eff. Apr. 1, 2000.

700.3108 Repealed. 2000, Act 54, Eff. Apr. 1, 2000.
Compiler's Notes:
The repealed section pertained to statutes of limitation on decedent's cause of action.
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 III - Probate of Wills and Administration (700.3101...700.3988) › 386-1998-III-2 - Part 2 Venue for Probate and Administration, Priority to Administer, and Demand for Notice (700.3201...700.3209) › Section 700.3201 - Venue for First and Subsequent Estate Proceedings; Location of Property.

700.3201 Venue for first and subsequent estate proceedings; location of property.
Sec. 3201.
(1) Venue for the first informal or formal testacy or appointment proceeding after a decedent's death is 1 of the following:
(a) The county where the decedent was domiciled at the time of death.
(b) If the decedent was not domiciled in this state, in a county where property of the decedent was located at the time of death.
(2) Venue for a subsequent proceeding that is within the court's exclusive jurisdiction is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in subsection (3), in section 856 of the revised judicature act of 1961, MCL 600.856, or by supreme court rule.
(3) If the first proceeding described in subsection (1) was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.
(4) On motion by a party or on the court's own initiative, a proceeding's venue may be changed to another county by court order for the convenience of the parties and witnesses, for the attorneys' convenience, or if an impartial trial cannot be had in the county where the action is pending.
(5) For the purpose of aiding determinations concerning location of property that may be relevant in cases involving nondomiciliaries, other than a debt evidenced by investment or commercial paper or other instrument in favor of a nondomiciliary, a debt is located where the debtor resides or, if the debtor is a person other than an individual, at the place where the debtor has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC