Michigan Compiled Laws 386-1998-ii-7 Part 7 Rules Of Construction Applicable To Donative Dispositions In Wills And Other Governing Instruments (700.2701...700.2723)

• Section 700.2701 Scope.
  In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument....
• Section 700.2702 Requirement Of Survival By 120 Hours.
  (1) For the purposes of this act, except as provided in subsection (4), an individual who is not established by clear and convincing evidence...
• Section 700.2703 Protection Of Payors And Other Third Parties.
  (1) Except as otherwise provided in this section, a payor or other third party is not liable for having made a payment or transferred...
• Section 700.2704 Protection Of Bona Fide Purchasers; Personal Liability Of Recipient.
  (1) Section 2702 does not obligate a person who purchases property for value and without notice, or who receives a payment or other item...
• Section 700.2705 Choice Of Law As To Meaning And Effect Of Governing Instrument.
  The meaning and legal effect of a governing instrument other than a trust are determined by the local law of the state selected in...
• Section 700.2706 Power Of Appointment; Meaning Of Specific Reference Requirement.
  If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a...
• Section 700.2707 Class Gifts Construed To Accord With Intestate Succession.
  (1) An adopted individual or an individual born out of wedlock, and his or her respective descendants if appropriate to the class, are included...
• Section 700.2708 Definitions Regarding Beneficiary Designation.
  As used in this section and sections 2709 to 2712: (a) “Alternative beneficiary designation” means a beneficiary designation that is expressly created by the...
• Section 700.2709 Substitute Gift.
  If a beneficiary fails to survive the decedent and is a grandparent, a grandparent's descendant, or the decedent's stepchild, the following apply: (a) Except...
• Section 700.2710 Multiple Substitute Gifts.
  (1) If, under section 2709, substitute gifts are created and not superseded with respect to more than 1 beneficiary designation and the beneficiary designations...
• Section 700.2711 Protection Of Payors.
  (1) Except as otherwise provided in this section, a payor or other third party is not liable for making a payment under the terms...
• Section 700.2712 Protection Of Bona Fide Purchasers; Personal Liability Of Recipient.
  (1) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or...
• Section 700.2713 Definitions For Survivorship With Respect To Future Interests Under Terms Of Trust.
  As used in this section and sections 2714 to 2716: (a) “Alternative future interest” means an expressly created future interest that can take effect...
• Section 700.2714 Survivorship Required For Gift Under Trust; Substitute Gift; Applicability Of Subsection (1).
  (1) Subject to subsection (2), a future interest under the terms of a trust is contingent on the beneficiary surviving the distribution date. If...
• Section 700.2715 Multiple Substitute Gifts.
  (1) If, under section 2714, substitute gifts are created and not superseded with respect to more than 1 future interest and the future interests...
• Section 700.2716 No Substitute Taker; Lapse.
  (1) Except as provided in subsection (2), if, after the application of sections 2714 and 2715, there is no surviving taker, the property passes...
• Section 700.2717 Class Gifts To “descendants,”“issue,” Or “heirs Of The Body”; Form Of Distribution If None Specified.
  If a class gift in favor of “descendants”, “issue”, or “heirs of the body” does not specify the manner in which the property is...
• Section 700.2718 Representation; Per Capita At Each Generation; Per Stirpes.
  (1) If an applicable statute or a governing instrument calls for the property to be distributed “by representation” or “per capita at each generation”,...
• Section 700.2719 Worthier-title Doctrine Abolished.
  The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing...
• Section 700.2720 Interests In “heirs”.
  If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in...
• Section 700.2721 Construction As To Age Of Majority.
  A provision contained in a governing instrument that makes reference to a “minor”, “age of majority”, or a similar phrase differentiating between an individual's...
• Section 700.2722 Honorary Trusts; Trusts For Pets.
  (1) Except as provided by another statute and subject to subsection (3), if a trust is for a specific lawful noncharitable purpose or for...
• Section 700.2723 Will, Trust, Or Beneficiary Designation Of Decedent Who Dies After December 31, 2009 And Before January 1, 2011; Presumption; Retroactive Effective Date; "2010 Federal Tax Relief Act" Defined.
  (1) Except as provided in subsection (3), for purposes of interpreting a will, trust, or beneficiary designation of or by a decedent who dies...

Last modified: October 10, 2016