ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.2513 Separate writing identifying devise of certain types of tangible personal property.
Sec. 2513.
Whether or not the provisions relating to a holographic will apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be either in the testator's handwriting or signed by the testator at the end, and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000
PopularName Notes:
EPIC
Notes of Decisions
Cited in
10
cases (
3 in the last 5 years), 2016–2026 · leading case:
in Re Attia Est., 895 N.W.2d 564 (Mich. Ct. App. 2016).
in Re Attia Est., 895 N.W.2d 564 (Mich. Ct. App. 2016).
“2506, and MCL 700.2513], a will is valid only if it is all of the following: (a) In writing.”
20230112_C360134_37_360134.Opn.Pdf (Mich. Ct. App. 2023).
· cites it 3× “-5- Therefore, respondent argues, MCL 700.2513 renders the cash gift portion of the Memo invalid.”
in Re Attia Est. (Mich. Ct. App. 2016).
“2506, and MCL 700.2513], a will is valid only if it is all of the following: (a) In writing.”
in Re Warner Est. (Mich. Ct. App. 2018).
“2506, and MCL 700.2513], a will is valid only if it is all of the following: (a) In writing.”
in Re Warner Est. (Mich. Ct. App. 2018).
“2506, and MCL 700.2513], a will is valid only if it is all of the following: (a) In writing.”
in Re Horton Est. (Mich. Ct. App. 2018).
“2506 and MCL 700.2513. These provisions do not apply in this case.”
in Re Horton Est. (Mich. Ct. App. 2018).
“2506 and MCL 700.2513. These provisions do not apply in this case.”
In Re Nielsen Est. (Mich. Ct. App. 2026).
“Although the will states that Neal “may leave a memorandum” gifting specific items to certain persons, as contemplated under MCL 700.2513, he did not do so. Further, the will states that if Paula predeceased Neal, then Neal’s children shall have the same categories of items that…”
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.