Michigan Compiled Laws

Mich. Comp. Laws § 700.7406 (2026)

Creation of trust induced by fraud, duress, or undue influence.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.7406 Creation of trust induced by fraud, duress, or undue influence.

Sec. 7406.

A trust is void to the extent its creation was induced by fraud, duress, or undue influence.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010

PopularName Notes:

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Notes of Decisions

Cited in 12 cases (4 in the last 5 years), 2015–2025 · leading case: Papazian v. Goldberg (In Re Mardigian Est.), 917 N.W.2d 325 (Mich. 2018).

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Papazian v. Goldberg (In Re Mardigian Est.), 917 N.W.2d 325 (Mich. 2018). · cites it 2× “" MCL 700.7406. 3 Although the MRPC was not in existence at the time of Powers , an attorney drafting a will who had undertaken to make a gift in his or her own favor was nonetheless well recognized as unethical decades before Powers .”

in Re Mardigian Est., 879 N.W.2d 313 (Mich. Ct. App. 2015). · cites it 2× “” MCL 700.7406. “To establish undue influence it must be shown that the grantor was subjected to threats, misrepresentation, undue flattery, fraud, or physical or moral coercion sufficient to overpower volition, destroy free agency and impel the grantor to act against his…”

In Re Linda Comps-Klinge Trust (Mich. Ct. App. 2022). · cites it 3× “MCL 700.7406 provides that “[a] trust is void to the extent its creation was induced by fraud, duress, or undue influence.”

Larry & Elise Curtiss Living Trust v. Mary Ann Szotko (Mich. Ct. App. 2016). · cites it 2× “But, in addition to the fact that there is no subsection (4) to MCL 700.7406, that section has nothing to do with the authority of co-trustees; rather, it deals with the topic of a trust created by fraud, duress or undue influence.”

in Re Rebecca L Clemence Revocable Trust (Mich. Ct. App. 2017). “In Bill & Dena Brown Trust v Garcia, 312 Mich App 684 699 ; 880 NW2d 269 (2015), this Court set forth the following applicable principles of law regarding undue influence: The party alleging undue influence in the execution of a testamentary instrument must present evidence…”

in Re Willa M Durham Living Trust (Mich. Ct. App. 2018). “” MCL 700.7406. The legal framework applicable to will contests based on alleged undue influence also applies to trust contests predicated on allegations of undue influence.”

in Re Norma a Bolster Trust (Mich. Ct. App. 2020). “” MCL 700.7406. To establish undue influence, evidence must be presented that “the grantor was -2- subjected to threats, misrepresentation, undue flattery, fraud, or physical or moral coercion sufficient to overpower volition, destroy free agency and impel the grantor to act…”

in Re Geraldine M Benjamin Trust (Mich. Ct. App. 2020). “3407(1)(c), and a trust is void if it was created by fraud, duress, or undue influence, MCL 700.7406. A testamentary document created through forgery is invalid.”

Cary Investments LLC v. City of Mount Pleasant (Mich. Ct. App. 2022). “-6- the trial court offers any indication that the selection committee was something less than an impartial decision-maker.4 Finally, plaintiff’s allegations of arbitrary scoring by the selection committee ring hollow and do nothing to support a due-process claim.”

20221117_C357831_47_357831.Opn.Pdf (Mich. Ct. App. 2022). “MCL 700.7406. The plaintiff or proponent in a probate case has the burden to prove his or her case by a preponderance of the evidence.”

In Re Sabaugh Trust Est. (Mich. Ct. App. 2025). “” MCL 700.7406. The burden of establishing undue influence is generally with the party asserting it existed.”

— Mich. Comp. Laws § 700.7406(4) — 1 case

Larry & Elise Curtiss Living Trust v. Mary Ann Szotko (Mich. Ct. App. 2016). “But, in addition to the fact that there is no subsection (4) to MCL 700.7406, that section has nothing to do with the authority of co-trustees; rather, it deals with the topic of a trust created by fraud, duress or undue influence.”

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