Michigan Compiled Laws

Mich. Comp. Laws § 554.8 (2026)

Estates in possession and in expectancy; definition.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Revised Statutes of 1846

R.S. of 1846

554.8 Estates in possession and in expectancy; definition.

Sec. 8.

An estate in possession, is where the owner has an immediate right to the possession of the land; an estate in expectancy is where the right to the possession is postponed to a future period.

History: R.S. 1846, Ch. 62 ;-- CL 1857, 2592 ;-- CL 1871, 4075 ;-- How. 5524 ;-- CL 1897, 8790 ;-- CL 1915, 11526 ;-- CL 1929, 12928 ;-- CL 1948, 554.8

Notes of Decisions

Cited in 5 cases, 1984–2019 · leading case: Wengel v. Wengel, 714 N.W.2d 371 (Mich. Ct. App. 2006).

Sort: Relevance Newest Treatment

Wengel v. Wengel, 714 N.W.2d 371 (Mich. Ct. App. 2006). · cites it 2× “7, MCL 554.8, and MCL 554.9. “A future estate is an estate limited to commence in possession at a future day, either without the intervention of a precedent estate, or on the determination, by lapse of time or otherwise, of a precedent estate, created at the same time.”

In Re Edgar Est., 357 N.W.2d 867 (Mich. Ct. App. 1984). “The Michigan Supreme Court set out the following prerequisites for a spendthrift trust: "In order to create a spendthrift trust certain prerequisites must be observed, to-wit: first, the gift to the donee must be only of the income.”

Roy v. Detroit Bank & Trust Co., 137 Mich. App. 419 (Mich. Ct. App. 1984). “The Michigan Supreme Court set out the following prerequisites for a spendthrift trust: "In order to create a spendthrift trust certain prerequisites must be observed, to-wit: fírst, the gift to the donee must be only of the income.”

Natalie Olson v. Cecelia Bosanac (Mich. Ct. App. 2018). · cites it 2× “” MCL 554.8. The holder of a life estate interest is “entitled to the possession -9- and rents, issues and profits” of the property.”

Marsheri D D Everson v. Delores J Williams (Mich. Ct. App. 2019). “” An estate in possession is one where the owner of the estate “has an immediate right to the possession of the land[,]” and an estate in expectancy is described as one “where the right to the possession is postponed to a future period.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.