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

Mich. Comp. Laws § 700.7113 (2026)

Penalty clause for contest of trust.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7113 Penalty clause for contest of trust.

Sec. 7113.

    A provision in a trust that purports to penalize an interested person for contesting the trust or instituting another proceeding relating to the trust shall not be given effect if probable cause exists for instituting a proceeding contesting the trust or another proceeding relating to the trust.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010

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Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2013–2024 · leading case: In re Miller Osborne Perry Trust, 831 N.W.2d 251 (Mich. Ct. App. 2013).
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In re Miller Osborne Perry Trust, 831 N.W.2d 251 (Mich. Ct. App. 2013). · cites it 7× “On appeal, Susan Perry argues that the probate court clearly erred because, after it found that Mark Perry would not have had probable cause to challenge the Trust within the meaning of MCL 700.7113, it had to find that his suit triggered the no-contest clause.”
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). · cites it 5× “Christine’s attorney pointed out that the statute governing in terrorem clauses in trusts, MCL 700.7113, addresses only the effect of a proceeding brought to contest the trust, itself, and does not address the effect of contesting or challenging a will.”
In Re Linda Comps-Klinge Trust (Mich. Ct. App. 2022). · cites it 4× “7113 provides as follows: A provision in a trust that purports to penalize an interested person for contesting the trust or instituting another proceeding relating to the trust shall not be given effect if probable cause exists for instituting a proceeding contesting the trust…”
in Re Miller Osborne Perry Trust (Mich. 2013). · cites it 6× “Under MCL 700.7113, such a clause is enforceable against a challenging beneficiary or heir unless “probable cause exists for instituting a proceeding contesting the trust .”
in Re Robert E Whitton Revocable Trust (Mich. Ct. App. 2018). · cites it 2× “2 This unexecuted draft amendment did not provide petitioner with one-third of Robert’s entire estate.”
in Re Robert E Whitton Revocable Trust (Mich. Ct. App. 2018). · cites it 2× “2 This unexecuted draft amendment did not provide petitioner with one-third of Robert’s entire estate.”
in Re Gerald R Mahoney Trust & Nancy W Mahoney Trust (Mich. Ct. App. 2015). · cites it 2× “” This Court has held that “[p]robable cause exists when, at the time of instituting the proceeding, there was evidence that would lead a reasonable person, properly informed and advised, to conclude that there was a substantial likelihood that the challenge would be successful.”
In Re the Bernard Boutet Revocable Living Trust (Mich. Ct. App. 2024). “Moreover, under MCL 700.7113, “A provision in a trust that purports to penalize an interested person for contesting the trust or instituting another proceeding relating to the trust shall not be given effect if probable cause exists for instituting a proceeding contesting the…”
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