Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.2501 (2026)

Will; maker; sufficient mental capacity.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.2501 Will; maker; sufficient mental capacity.

Sec. 2501.

    (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.

    (2) An individual has sufficient mental capacity to make a will if all of the following requirements are met:

    (a) The individual has the ability to understand that he or she is providing for the disposition of his or her property after death.

    (b) The individual has the ability to know the nature and extent of his or her property.

    (c) The individual knows the natural objects of his or her bounty.

    (d) The individual has the ability to understand in a reasonable manner the general nature and effect of his or her act in signing the will.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010

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Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 2015–2023 · leading case: in Re Mardigian Est., 879 N.W.2d 313 (Mich. Ct. App. 2015).
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in Re Mardigian Est., 879 N.W.2d 313 (Mich. Ct. App. 2015). · cites it 2× “MCL 700.2501 provides as follows: (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.”
in Re Williams Est. (Mich. Ct. App. 2017). · cites it 4× “Regarding the capacity needed to execute a will, MCL 700.2501 provides the following: (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.”
in Re Williams Est. (Mich. Ct. App. 2017). · cites it 4× “Regarding the capacity needed to execute a will, MCL 700.2501 provides the following: (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.”
In Re Jld Living Trust (Mich. Ct. App. 2023). · cites it 2× “STANDARD OF REVIEW Appellants argue that the probate court erred by not permitting discovery and by failing to hold an evidentiary hearing because a disputed question of fact existed with respect to whether JLD had sufficient capacity under MCL 700.2501 to revoke his will and…”
Prot. Life Ins. Co. v. Patel (E.D. Mich. 2022). · cites it 2× “39, 41 (1940); see also Mich. Comp. Laws § 700.2501 (2). The evidence that may be considered includes (1) the insured’s “incompetency before and after the date of change of beneficiary,” (2) the testimony of the attending physician, and (3) the “insured’s physical state.”
in Re Rebecca L Clemence Revocable Trust (Mich. Ct. App. 2017). “” MCL 700.2501, in turn, sets forth the capacity requirements for an individual executing a will as follows: (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.”
in Re Rebecca L Clemence Revocable Trust (Mich. Ct. App. 2017). “” MCL 700.2501, in turn, sets forth the capacity requirements for an individual executing a will as follows: (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.”
in Re Richard Liba Revocable Living Trust (Mich. Ct. App. 2018). “2 2 Briefly, however, having reviewed the entire record, we are satisfied that the trial court did not clearly err or abuse its discretion in determining that the handwritten amendment was invalid because Dr.”
in Re Richard Liba Revocable Living Trust (Mich. Ct. App. 2018). “2 2 Briefly, however, having reviewed the entire record, we are satisfied that the trial court did not clearly err or abuse its discretion in determining that the handwritten amendment was invalid because Dr.”
in Re Verga Est. (Mich. Ct. App. 2018). “MCL 700.2501 states: (2) An individual has sufficient mental capacity to make a will if all of the following requirements are met: (a) The individual has the ability to understand that he or she is providing for the disposition of his or her property after death.”
in Re Jenkins Est. (Mich. Ct. App. 2019). “2501(2) provides that a testator has sufficient mental capacity to properly execute a will if four requirements are met: (a) The individual has the ability to understand that he or she is providing for the disposition of his or her property after death. -2- (b) The individual…”
in Re Verga Est. (Mich. Ct. App. 2021). “MCL 700.2501(2) provides: An individual has sufficient mental capacity to make a will if all of the following requirements are met: (a) The individual has the ability to understand that he or she is providing for the disposition of his or her property after death.”
Show all 14 citing cases →
— Mich. Comp. Laws § 700.2501(2) — 2 cases
in Re Jenkins Est. (Mich. Ct. App. 2019). “2501(2) provides that a testator has sufficient mental capacity to properly execute a will if four requirements are met: (a) The individual has the ability to understand that he or she is providing for the disposition of his or her property after death. -2- (b) The individual…”
in Re Verga Est. (Mich. Ct. App. 2021). “MCL 700.2501(2) provides: An individual has sufficient mental capacity to make a will if all of the following requirements are met: (a) The individual has the ability to understand that he or she is providing for the disposition of his or her property after death.”
— Mich. Comp. Laws § 700.2501(2)(b) — 2 cases
in Re Williams Est. (Mich. Ct. App. 2017). “Regarding the capacity needed to execute a will, MCL 700.2501 provides the following: (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.”
in Re Williams Est. (Mich. Ct. App. 2017). “Regarding the capacity needed to execute a will, MCL 700.2501 provides the following: (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.”
— Mich. Comp. Laws § 700.2501(2)(d) — 2 cases
in Re Williams Est. (Mich. Ct. App. 2017). “Regarding the capacity needed to execute a will, MCL 700.2501 provides the following: (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.”
in Re Williams Est. (Mich. Ct. App. 2017). “Regarding the capacity needed to execute a will, MCL 700.2501 provides the following: (1) An individual 18 years of age or older who has sufficient mental capacity may make a will.”
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