M Civ JI 170.11 Will Contests: Will Signed by Another for Decedent

If the decedent directed another person to sign [ his / her ] will and that other person signed the decedent’s name in the decedent’s conscious presence, then the will is considered to be signed by the decedent in the manner required by law.

Comment

MCL 700.2502(1)(b).

MCL 700.2502(1)(b) requires the “conscious presence” of the testator when the will is signed for him or her by another, whereas the prior statute (MCL 700.122(1)) specified only “presence.” However, it is unlikely that this addition represents a change in law because Michigan cases have long construed “presence” liberally, focusing more on the testator’s consciousness of what was going on rather than physical proximity or actual viewing. In re Lane’s Estate, 265 Mich 539; 251 NW 590 (1933); Bradford v Vinton, 59 Mich 139; 26 NW 401 (1886). The “conscious presence test” is discussed in the comment to §2-502 of the Uniform Probate Code.

History

M Civ JI 170.11 was added January 1984. Amended March 2001.​