M Civ JI 170.15A Will Contests: Proving Execution of Self-Proved Wills

The law in this state recognizes what is known as a “self-proved” will. In the case of a self-proved will, the proponent is not required to prove that the will was signed by the decedent and two witnesses. Because this is a self-proved will, you may conclude that the will was witnessed in the manner required by law even without the testimony of either of the witnesses to the will, but you should consider all of the evidence in determining whether the will was witnessed in the manner required by law.

*(If the contestant proves that there was fraud or forgery affecting the acknowledgment or a sworn statement, then the will is not executed in the manner required by law.)

Note on Use

*The sentence in parentheses should be read to the jury if fraud or forgery affecting the acknowledgment or a sworn statement is an issue in the case. If this sentence is used, additional instructions on the meaning of fraud will need to be given.

Comment

MCL 700.3406(2).

The new statute on proof of execution of self-proved wills, MCL 700.3406(2), creates a conclusive presumption that the signature requirements for execution have been met and a rebuttable presumption that the other requirements of execution have been met. Subsection (2) states:

If a will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and sworn statements annexed or attached to the will, unless there is proof of fraud or forgery affecting the acknowledgment or a sworn statement.

History

M Civ JI 170.15A was added March 2001.