M Civ JI 170.02 Will Contests: Will/Codicil - Definition

A will is a document executed in the manner required by law in which a person directs the disposition of [ his / her ] property after death.

*(A codicil is a supplement or an addition to a will executed in the manner required by law that may revoke, change, or add to a will.)

“Executed in the manner required by law” means that the decedent must sign the [ will / codicil ] and it must be witnessed by at least two persons. The proponent has the burden of proving that the [ will / codicil ] was executed in the manner required by law.

Note on Use

*This sentence should be read only if applicable.

If the will is a testamentary instrument that merely appoints a personal representative or other fiduciary, revokes a prior will, or limits the persons who will be entitled to receive the assets of an intestate estate, this instruction may have to be modified.

If execution requirements of a foreign jurisdiction that differ from Michigan requirements apply, see MCL 700.2506.

Comment

MCL 700.1108(b), .2502(1), (3). See also Appeal of Jameson, 1 Mich 99 (1848); Byrne v Hume, 84 Mich 185; 47 NW 679 (1890).

The burden of proving execution is on the proponent. MCL 700.3407(1)(b); In re McIntyre, 355 Mich 238; 94 NW2d 208 (1959).

History

M Civ JI 170.02 was added January 1984. Amended March 2001.