M Civ JI 179.04 Trust Contests: Sufficient Mental Capacity - Definition

A settlor had sufficient mental capacity to [ create / amend / revoke ] a trust if at the time [ he / she ] did so [ he / she ]:

(a) had the ability to understand that [ he / she ] was providing for the disposition of [ his / her ] property, and

(b) had the ability to know the nature and extent of [ his / her ] property, and

(c) knew who [ his / her ] closest family members were, in other words, those who would be logical recipients of [ his / her ] estate, and

(d) had the ability to understand in a reasonable manner the general nature and effect of [ his / her ] act in [ creating / amending / revoking ] the trust.

The contestant has the burden of proving by a preponderance of the evidence that at the time the settlor [ created / amended / revoked ] the trust [ he / she ] did not have sufficient mental capacity to do so.

Note on Use

Preponderance of the evidence is defined in M Civ JI 8.01.

Comment

MCL 700.7601, 700.2501. Restatement Property, 3rd, §8.1

History

M Civ JI 179.04 was added June 2011.​