M Civ JI 179.15 Trust Contests: Revocation or Amendment of Trust

If the settlor has sufficient mental capacity, [ he / she ] may revoke or amend a revocable trust by substantially complying with a method provided in the terms of the trust.

If the terms of the trust do not provide a method or the method provided in the trust is not expressly made exclusive:

(a) A written trust may be [ revoked / amended ] by a separate writing manifesting clear and convincing evidence of the settlor’s intent to revoke or amend the trust.

(b) If the trust is an oral trust, the trust may be [ revoked / amended ] by any method manifesting clear and convincing evidence of the settlor’s intent.

Note on Use

Clear and convincing evidence is defined in M Civ JI 8.01.

Comment

MCL 700.7602(3); MCL 700.7601.

With two exceptions, unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust if the trust was executed or restated on or after April 1, 2010. MCL 700.7602(1).

History

M Civ JI 179.15 was added June 2011.​