M Civ JI 170.46 Will Contests: Fraud in Procurement of Will

A will is not valid if it was made as a result of fraud. Fraud exists if—

(a) there was a misrepresentation of [ a material fact / material facts ] to the decedent, and

(b) the decedent relied on and was influenced by that misrepresentation in disposing of [ his / her ] property by will.

The contestant has the burden of proving that there was fraud in the making of the will.

Comment

In re Spillette Estate, 352 Mich 12; 88 NW2d 300 (1958); In re Hannan’s Estate, 315 Mich 102; 23 NW2d 222 (1946); In re Barth’s Estate, 298 Mich 388; 299 NW 118 (1941).

History

M Civ JI 170.46 was added January 1984.