M Civ JI 179.12 Trust Contests: Fraud in Procurement of Trust

A trust is not valid to the extent it was [ created / amended ] as a result of fraud. Fraud exists if—

(a) there was a misrepresentation of [ a material fact / material facts ] to the settlor, and

(b) the settlor relied on and was influenced by that misrepresentation in disposing of [ his / her ] property by trust.

The contestant has the burden of proving that there was fraud in the making of the trust.

Comment

This instruction is virtually identical to M Civ JI 170.46

In re Spillette Estate, 352 Mich 12 (1958); In re Hannan’s Estate, 315 Mich 102 (1946); In re Barth’s Estate, 298 Mich 388 (1941).

History

M Civ JI 179.12 was added June 2011. ​