Michigan Compiled Laws

Mich. Comp. Laws § 700.7414 (2026)

Termination or modification of noncharitable trust; section inapplicable to easement for conservation or preservation.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.7414 Termination or modification of noncharitable trust; section inapplicable to easement for conservation or preservation.

Sec. 7414.

(1) After 63 days after notice to the qualified trust beneficiaries and, if the trust is a charitable trust, to the attorney general of this state, the trustee of a trust consisting of trust property having a total value less than $50,000.00 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. The $50,000.00 amount expressed in this section shall be adjusted each year as provided in section 1210.

(2) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.

(3) Upon termination of a noncharitable trust under this section, the trustee shall distribute the trust property in the manner provided for in the terms of the trust, if any, and otherwise to the current income beneficiaries or, if there are no current income beneficiaries, in the manner directed by the court. Upon termination of a charitable trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.

(4) This section does not apply to an easement for conservation or preservation.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2010, Act 325, Eff. Apr. 1, 2010

Compiler's Notes:

Enacting section 1 of Act 325 of 2010 provides:

"Enacting section 1. (1) Except as provided in subsection (2), this amendatory act takes effect April 1, 2010.

"(2) Section 3207 of the estates and protected individuals code, 1998 PA 386, MCL 700.3207, as amended by this amendatory act, takes effect on the date this amendatory act is enacted into law."

PopularName Notes:

EPIC

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2015–2024 · leading case: in Re Mardigian Est., 879 N.W.2d 313 (Mich. Ct. App. 2015).

Sort: Relevance Newest Treatment

in Re Mardigian Est., 879 N.W.2d 313 (Mich. Ct. App. 2015). “7411 to MCL 700.7414], a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become impossible to achieve or are found by a court to be unlawful or contrary to…”

In Re the Bernard Boutet Revocable Living Trust (Mich. Ct. App. 2024). · cites it 3× “7404 requires the purpose of a trust to be “possible to achieve” and MCL 700.7414 allows judicial modification of a trust if, in the words of Diane’s counsel, “its terms are impracticable or if circumstances turn out differently than the settlor anticipated.”

In Re Chandu Mansharamani Living Trust (Mich. Ct. App. 2022). · cites it 2× “7411 (providing bases and processes for modification or termination of a noncharitable irrevocable trust); MCL 700.”

— Mich. Comp. Laws § 700.7414(1) — 1 case

In Re the Bernard Boutet Revocable Living Trust (Mich. Ct. App. 2024). “7404 requires the purpose of a trust to be “possible to achieve” and MCL 700.7414 allows judicial modification of a trust if, in the words of Diane’s counsel, “its terms are impracticable or if circumstances turn out differently than the settlor anticipated.”

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.