M Civ JI 170.34 Will Contests: Conditional Revocation of Will (Dependent Relative Revocation)

If [ the decedent / a person in the decedent’s presence by [ his / her ] direction ] [ burned / tore / canceled / obliterated / destroyed ] the [ will / part of the will ] with the intention of making a substitute [ will / part of the will ] thereafter, and if the substitute [ will / part of the will ] is not made or is not valid for any reason, then you may find that the original [ will / part of the will ] that was [ burned / torn / canceled / obliterated / destroyed ] is valid.

However, you may also find that the decedent intended to revoke the original [ will / part of the will ] absolutely whether or not the substitute [ will / part of the will ] would be valid.

Note on Use

This instruction should be preceded by M Civ JI 170.31 Will Contests: Revocation of Will by Physical Means.

Comment

In re Bonkowski’s Estate, 266 Mich 112; 253 NW 235 (1934); In re Houghten’s Estate, 310 Mich 613; 17 NW2d 774 (1945); In re McKay Estate, 347 Mich 153; 79 NW2d 597 (1956); Revocation of Wills (pt II): Dependent Relative Revocation, St B Mich Sec Prob & Tr L Newsletter, Mar 1962.

History

M Civ JI 170.34 was added January 1984.​