M Civ JI 170.17A Will Contests: Execution - Witness Not Remembering or Denying Contents of Witnessing Clause (Self-Proved Will)

There is near the end of the document presented as the will of the decedent a clause that reads as follows: [ Read the acknowledgment clause exactly as it appears in the will. ]

You may conclude that the will was witnessed in the manner required by law even though the [ witness / witnesses ] may have stated—

(a) *(that the will was not properly witnessed, or)

(b) *(that [ he does / she does / they do ] not remember what [ he / she / they ] signed, or)

(c) *(that [ he denies / she denies / they deny ] what [ he / she / they ] signed.)

Note on Use

*The court should choose from subsections a–c those that are applicable to the case.

This instruction should be preceded by M Civ JI 170.15A Will Contests: Proving Execution of Self-Proved Wills.

Comment

MCL 700.3406(2). In re Dettling Estate, 351 Mich 335; 88 NW2d 252 (1958).

History

M Civ JI 170.17A was added March 2001.​