M Civ JI 175.11 Omission of Spouse in Will As a Result of Oversight or Mistake

Caution: The instructions in this chapter should be used only for estates of decedents dying before April 1, 2000, the effective date of the Estates and Protected Individuals Code (EPIC). MCL 700.8101(1), (2)(a). See the instructions in chapter 178 for estates of decedents dying on or after April 1, 2000.

The law provides that if a decedent fails to provide in [ his / her ] will for [ his / her ] spouse, and if it appears that the omission was as a result of oversight or mistake, [ his / her ] spouse is entitled to the same share of the decedent’s estate that [ he / she ] would have received if the decedent died without a will.

The petitioner has the burden of proving that the omission of [ name of spouse ] from the will of [ name of decedent ] was as a result of oversight or mistake.

You must determine whether the omission was as a result of oversight or mistake. In making this determination you may consider the provisions of the will and all of the surrounding circumstances.

Note on Use

Caution: This instruction should be used only for estates of decedents dying before April 1, 2000, the effective date of the Estates and Protected Individuals Code (EPIC). MCL 700.8101(1), (2)(a). See the instructions in chapter 178 for estates of decedents dying on or after April 1, 2000.

Comment

See MCL 700.126(2).

History

M Civ JI 175.11 was added February 1986.​ Amended May 2016.