M Civ JI 170.41 Will Contests: Mental Capacity - Definition

A decedent had sufficient mental capacity to make a will if at the time [ he / she ] made the document [ he / she ]

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

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

(c) knew the natural objects of [ his / her ] bounty, and

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

The contestant has the burden of proving that at the time the decedent made the document [ he / she ] did not have sufficient mental capacity to make a will.

Comment

The statutory presumption of mental competency of the decedent to make a will, MCL 600.2152, has been construed to place on the contestant the burden of proving by a preponderance of the evidence that the decedent lacked testamentary capacity. In re Hallitt’s Estate, 324 Mich 654; 37 NW2d 662 (1949); In re Paul’s Estate, 289 Mich 452; 286 NW 680 (1939).

An early case referred to blood relations as the natural objects of one’s bounty, Spratt v Spratt, 76 Mich 384; 43 NW 627 (1889), while more recent cases refer to “relatives.” In re Sprenger’s Estate, 337 Mich 514 (1953); In re Walker’s Estate, 270 Mich 33 (1935).

MCL 700.2501 was amended effective April 1, 2010. The prior provision only stated that an individual be of sound mind. The amended statute draws a distinction between an ability to know or understand in subsections (2)(A),(B), and (D) and actual knowledge in subsection (2)(C).

History

M Civ JI 170.41 was added January 1984. Amended June 2010.