M Civ JI 170.04 Will Contests: Cautionary Instruction as to Decedent’s Right to Leave Property by a Will

*(The law does not require property to be willed to heirs or relatives.) The law allows everyone who is not [ mentally incapacitated / under undue influence / [ name other condition ] ] in making a will free to leave [ his / her ] property as [ he / she ] chooses. The court and jury have no right to substitute their judgment for the judgment of the person making the will or as to the wisdom or justice of the provisions of the will.

Note on Use

*This sentence should be read when applicable.

Comment

This instruction contains cautions as to the rights of a person in the making of his will. These cautions are believed necessary to prevent the often mistaken belief of most jurors that the decedent cannot disinherit heirs and other relatives by his or her will and to prevent the jurors from improperly trying to substitute their judgment for the judgment of the maker of the will. See In re Allen’s Estate, 230 Mich 584; 203 NW 479 (1925).

The testator has a right to dispose of his property as he sees fit. In re Kramer’s Estate, 324 Mich 626; 37 NW2d 564 (1949). The law does not require property to be disposed among the testator’s heirs. In re Fay’s Estate, 197 Mich 675; 164 NW 523 (1917). It concerns no one what a person’s reasons were in his distribution by will. Brown v Blesch, 270 Mich 576; 259 NW 331 (1935). The jury has no right to substitute its judgment for the judgment of the testator. In re Hannan’s Estate, 315 Mich 102; 23 NW2d 222 (1946). The jury has no right to consider that the testator did an apparent injustice in his will. In re Livingston’s Estate, 295 Mich 637; 295 NW 343 (1940). While the testator’s blood relations are the natural objects of his bounty, such bounty is not limited by blood relationship, and his blood relations have no natural or inherent right to his property. Spratt v Spratt, 76 Mich 384; 43 NW 627 (1889).

History

M Civ JI 170.04 was added January 1984.​