M Civ JI 174.01 Felonious and Intentional Killing - Defining Legal Names of Parties and Counsel

This is a proceeding to determine whether [ name of respondent ] did or did not [ feloniously and intentionally kill / aid and abet in the felonious and intentional killing of ] [ name of decedent ] ], and whether [ name of respondent ] is or is not entitled to:

(a) *(receive any benefits under the last will and testament of [ name of decedent ])

(b) *(receive or inherit any benefit or property by reason of the death of [ name of decedent ])

(c) *(succeed to the full and complete ownership of [ a joint bank account / joint bank accounts ] owned jointly between [ name of decedent ] and [ name of respondent ])

(d) *(succeed to the full and complete ownership of the real estate owned jointly between [ name of decedent ] and [ name of respondent ])

(e) *(succeed to the full and complete ownership of [ stock certificates / bonds / debentures / [ other ] ] owned jointly between [ name of decedent ] and [ name of respondent ])

(f) *(receive any benefit, payment or proceeds of any kind as the beneficiary or the person designated to receive such payment on [ a policy / policies ] of life insurance)

(g) *(receive any benefit, payment or proceeds of any kind by reason of an agreement or contract [ describe agreement or contract in simple terms ] where [ name of respondent ] was to be paid or receive benefits at the death of [ name of decedent ])

(h) *(acquire, receive or benefit from any property of any kind because of the death of [ name of decedent ])

(i) *(receive a disposition or appointment of property / or / exercise any power of appointment ] made by [ name of decedent ] in [ describe governing instrument ])

(j) *(serve as [ personal representative/ trustee/ other fiduciary or representative capacity ] as nominated by [ name of decendent ] in [ describe governing instrument ])

The person who claims that [ name of respondent ] is not entitled to the benefit or property is called the petitioner. The term “decedent” is used to refer to the person who is deceased. The petitioner is [ state name and title, e.g., personal representative of estate, and indicate where seated ]. The attorney for the petitioner is [ state name and indicate where seated ]. The person who claims to be entitled to the benefit or property is called the respondent. A respondent is one who responds to a petition. The respondent is [ state name and indicate where seated ]. The attorney for the respondent is [ state name and indicate where seated ]. [ If any other persons are seated at the counsel table, identify them and describe their function ].

Note on Use

*The Court should choose among subsections a through j those that are applicable to the case.

The term “fiduciary” is defined in MCL 700.1104(e).

In felonious and intentional killing cases, this instruction should be substituted for M Civ JI 1.02.

Comment

See MCL 700.2803. The current statute, enacted as part of the Estates and Protected Individuals Code that took effect April 1, 2000, adds a provision that a felonious and intentional killing revokes certain revocable provisions made by a decedent in a governing instrument regarding the killer: a) disposition or appointment of property; b) provision conferring a general or nongeneral power of appointment; and c) nomination or appointment to serve in a fiduciary or representative capacity. MCL 700.2803(2)(a).

The predecessor statute explicitly precluded sharing in proceeds of a wrongful death action (MCL 700.251(4)). The current statute does not name wrongful death proceeds, but under the residual provision (MCL 700.2803(5)) the killer is precluded from any wrongful acquisition of property or interest. Also, prior to the enactment of the predecessor statute, the courts applied the common law principle that a person may not benefit from his or her own wrong. Garwols v Bankers Trust Co, 251 Mich 420; 232 NW 239 (1930).

History

M Civ JI 174.01 was added February 1986. Amended December 1, 2002.​