Michigan Compiled Laws

Mich. Comp. Laws § 700.7103 (2026)

Definitions.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.7103 Definitions.

Sec. 7103.

As used in this article:

(a) "Action", with respect to a trustee, includes an act or a failure to act.

(b) "Ascertainable standard" means a standard relating to an individual's health, education, support, or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the internal revenue code of 1986, 26 USC 2041 and 2514.

(c) "Charitable trust" means a trust, or portion of a trust, created for a charitable purpose described in section 7405(1) if the charitable purpose is a material purpose of the trust.

(d) "Discretionary trust provision" means a provision in a trust, regardless of whether the terms of the trust provide a standard for the exercise of the trustee's discretion and regardless of whether the trust contains a spendthrift provision, that provides that the trustee has discretion, or words of similar import, to determine 1 or more of the following:

(i) Whether to distribute to or for the benefit of an individual or a class of beneficiaries the income or principal or both of the trust.

(ii) The amount, if any, of the income or principal or both of the trust to distribute to or for the benefit of an individual or a class of beneficiaries.

(iii) Who, if any, among a class of beneficiaries will receive income or principal or both of the trust.

(iv) Whether the distribution of trust property is from income or principal or both of the trust.

(v) When to pay income or principal, except that a power to determine when to distribute income or principal within or with respect to a calendar or taxable year of the trust is not a discretionary trust provision if the distribution must be made.

(e) "Interests of the trust beneficiaries" means the beneficial interests provided in the terms of the trust.

(f) "Power of withdrawal" means a presently exercisable general power of appointment other than a power that is either of the following:

(i) Exercisable by a trustee and limited by an ascertainable standard.

(ii) Exercisable by another person only on consent of the trustee or a person holding an adverse interest.

(g) "Qualified trust beneficiary" means either of the following:

(i) A trust beneficiary whom the settlor intends to benefit as a material purpose of the trust and to whom 1 or more of the following apply on the date the trust beneficiary's qualification is determined:

(A) The trust beneficiary is a distributee or permissible distributee of trust income or principal.

(B) The trust beneficiary would be a distributee or permissible distributee of trust income or principal if the interests of the distributees under the trust described in sub-subparagraph (A) terminated on that date without causing the trust to terminate.

(C) The trust beneficiary would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

(ii) If on the date a trust beneficiary's qualification is determined there is no trust beneficiary described in subparagraph (i), a trust beneficiary to whom 1 or more of the following apply on the date the trust beneficiary's qualification is determined:

(A) The trust beneficiary is a distributee or permissible distributee of trust income or principal.

(C) The trust beneficiary would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

(h) "Revocable", as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest. A trust's characterization as revocable is not affected by the settlor's lack of capacity to exercise the power of revocation, regardless of whether an agent of the settlor under a durable power of attorney, a conservator of the settlor, or a plenary guardian of the settlor is serving.

(i) "Settlor" means a person, including a testator or a trustee, who creates a trust. If more than 1 person creates a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution. The lapse, release, or waiver of a power of appointment does not cause the holder of a power of appointment to be treated as a settlor of the trust.

(j) "Spendthrift provision" means a term of a trust that restrains either the voluntary or involuntary transfer of a trust beneficiary's interest.

(k) "Support provision" means a provision in a trust that provides the trustee shall distribute income or principal or both for the health, education, support, or maintenance of a trust beneficiary, or language of similar import. A provision in a trust that provides a trustee has discretion whether to distribute income or principal or both for these purposes or to select from among a class of beneficiaries to receive distributions under the trust provision is not a support provision, but rather is a discretionary trust provision.

(l) "Trust beneficiary" means a person to whom 1 or both of the following apply:

(i) The person has a present or future beneficial interest in a trust, vested or contingent.

(ii) The person holds a power of appointment over trust property in a capacity other than that of trustee or trust director.

(m) "Trust director" means that term as defined in section 7703a.

(n) "Trust instrument" means a governing instrument that contains the terms of the trust, including any amendment to a term of the trust.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2012, Act 483, Imd. Eff. Dec. 28, 2012 ;-- Am. 2018, Act 664, Eff. Mar. 29, 2019 ;-- Am. 2024, Act 1, Imd. Eff. Feb. 21, 2024

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Notes of Decisions

Cited in 28 cases (15 in the last 5 years), 2013–2025 · leading case: In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013).

Sort: Relevance Newest Treatment

In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013). “MCL 700.7103(Z)(i); see also MCL 700.1103(d)(i).”

Brody v. Deutchman (In Re Rhea Brody Living Trust), 925 N.W.2d 921 (Mich. Ct. App. 2018). · cites it 3× “Under MCL 700.7103( l )(i), the term "trust beneficiary" is defined, in relevant part, as a person who "has a present or future beneficial interest in a trust, vested or contingent.”

Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017). “1103(d)(i), a beneficiary includes a "trust beneficiary," defined in MCL 700.7103(1)(i) as a person with "a present or future beneficial interest in a trust, vested or contingent.”

Linda Dice v. Esther G Bennett Revocable Trust (Mich. Ct. App. 2019). · cites it 5× “The probate court agreed with Todd that plaintiffs’ claim for declaratory relief against the Trust was barred by the statute of limitations, holding that the statute applied to the trust because it was revocable within the meaning of MCL 700.7103(h). The court noted: “[A]lthough…”

Jones v. Jones (Mass. App. Ct. 2023). · cites it 5× “" See Mich. Comp. Laws § 700.7103 (j) ("'Spendthrift provision' means a term of a trust that restrains either the voluntary or involuntary transfer of a trust beneficiary's interest").”

20221117_C359029_41_359029.Opn.Pdf (Mich. Ct. App. 2022). · cites it 4× “7103(g) as: a trust beneficiary to whom 1 or more of the following apply on the date the trust beneficiary’s qualification is determined: (i) The trust beneficiary is a distributee or permissible distributee of trust income or principal. (ii) The trust beneficiary would be a…”

in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2018). · cites it 3× “” On the other hand, the phrase “qualified trust beneficiary” is defined under MCL 700.7103(g), in pertinent part, as: a trust beneficiary to whom 1 or more of the following apply on the date the trust beneficiary’s qualification is determined: (i) The trust beneficiary is a…”

in Re Antonia Gualtieri Living Trust (Mich. Ct. App. 2019). · cites it 3× “MCL 700.7103(d), which defines discretionary trust provisions, also provides support for the contention that the trust is discretionary: (d) “Discretionary trust provision” means a provision in a trust, regardless of whether the terms of the trust provide a standard for the…”

in Re Donald F Clark Trust (Mich. Ct. App. 2020). · cites it 3× “A qualified trust beneficiary is defined under MCL 700.7103(g) as a trust beneficiary to whom 1 or more of the following apply on the date the trust beneficiary’s qualification is determined: -2- (i) The trust beneficiary is a distributee or permissible distributee of trust…”

In Re Wallace Howe Fam. Trust (Mich. Ct. App. 2022). · cites it 3× “If no trustee has qualified, the interested persons are the qualified trust beneficiaries described in MCL 700.7103(g)(i) and the nominated trustee, if any.”

in Re Massie Fam. Trust (Mich. Ct. App. 2016). · cites it 2× “[MCL 700.7103(g).] A “trust beneficiary” in turn is [A] person to whom 1 or both of the following apply: (i) The person has a present or future beneficial interest in a trust, vested or contingent.”

Mark L Rugiero v. George R Lubienski (Mich. Ct. App. 2016). · cites it 2× “It is true that the complaint alleged that plaintiff had a right to one-third share of the Trust residue, which would involve the determination of a property right, but that property right is dependent on plaintiff’s status as a beneficiary of the Trust.”

Show all 28 citing cases →

— Mich. Comp. Laws § 700.7103(1)(i) — 1 case

— Mich. Comp. Laws § 700.7103(Z)(i) — 1 case

In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013). “MCL 700.7103(Z)(i); see also MCL 700.1103(d)(i).”

— Mich. Comp. Laws § 700.7103(b) — 2 cases

in Re Stephenson Fam. Trust (Mich. Ct. App. 2020).

In Re Stephenson Est. (Mich. Ct. App. 2023).

— Mich. Comp. Laws § 700.7103(d) — 1 case

in Re Antonia Gualtieri Living Trust (Mich. Ct. App. 2019). “MCL 700.7103(d), which defines discretionary trust provisions, also provides support for the contention that the trust is discretionary: (d) “Discretionary trust provision” means a provision in a trust, regardless of whether the terms of the trust provide a standard for the…”

— Mich. Comp. Laws § 700.7103(f) — 1 case

In Re James M Kurtz Prot. Trust (Mich. Ct. App. 2023).

— Mich. Comp. Laws § 700.7103(g) — 9 cases

Brody v. Deutchman (In Re Rhea Brody Living Trust), 925 N.W.2d 921 (Mich. Ct. App. 2018). “Under MCL 700.7103( l )(i), the term "trust beneficiary" is defined, in relevant part, as a person who "has a present or future beneficial interest in a trust, vested or contingent.”

in Re Donald F Clark Trust (Mich. Ct. App. 2020). “A qualified trust beneficiary is defined under MCL 700.7103(g) as a trust beneficiary to whom 1 or more of the following apply on the date the trust beneficiary’s qualification is determined: -2- (i) The trust beneficiary is a distributee or permissible distributee of trust…”

20221117_C359029_41_359029.Opn.Pdf (Mich. Ct. App. 2022). “7103(g) as: a trust beneficiary to whom 1 or more of the following apply on the date the trust beneficiary’s qualification is determined: (i) The trust beneficiary is a distributee or permissible distributee of trust income or principal. (ii) The trust beneficiary would be a…”

in Re Massie Fam. Trust (Mich. Ct. App. 2016). “[MCL 700.7103(g).] A “trust beneficiary” in turn is [A] person to whom 1 or both of the following apply: (i) The person has a present or future beneficial interest in a trust, vested or contingent.”

in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 700.7103(g)(i) — 4 cases

In Re Wallace Howe Fam. Trust (Mich. Ct. App. 2022). “If no trustee has qualified, the interested persons are the qualified trust beneficiaries described in MCL 700.7103(g)(i) and the nominated trustee, if any.”

in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2018). “” On the other hand, the phrase “qualified trust beneficiary” is defined under MCL 700.7103(g), in pertinent part, as: a trust beneficiary to whom 1 or more of the following apply on the date the trust beneficiary’s qualification is determined: (i) The trust beneficiary is a…”

in Re M Allen Brown Revocable Trust (Mich. Ct. App. 2020).

— Mich. Comp. Laws § 700.7103(h) — 3 cases

Linda Dice v. Esther G Bennett Revocable Trust (Mich. Ct. App. 2019). “The probate court agreed with Todd that plaintiffs’ claim for declaratory relief against the Trust was barred by the statute of limitations, holding that the statute applied to the trust because it was revocable within the meaning of MCL 700.7103(h). The court noted: “[A]lthough…”

Mary Sparling v. John R Sparling (Mich. Ct. App. 2022).

In Re Charles C Kalbach & Betty J Kalbach Trust (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 700.7103(i) — 1 case

In Re Hector M Hernandez Supplemental Needs Trust (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 700.7103(l) — 6 cases

Barbara Duchene v. S Gary Spicer Sr (Mich. Ct. App. 2025).

Mark L Rugiero v. George R Lubienski (Mich. Ct. App. 2016). “It is true that the complaint alleged that plaintiff had a right to one-third share of the Trust residue, which would involve the determination of a property right, but that property right is dependent on plaintiff’s status as a beneficiary of the Trust.”

in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 700.7103(l)(i) — 3 cases

Est. of Evelyn Ragsdale v. Katie Bishop (Mich. Ct. App. 2022).

P in Re E Earl Lyden Trust (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 700.7103(m) — 2 cases

20250122_C368031_43_368031.Opn.Pdf (Mich. Ct. App. 2025).

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.