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

Mich. Comp. Laws § 700.7601 (2026)

Capacity of settlor of revocable trust.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7601 Capacity of settlor of revocable trust.

Sec. 7601.

    The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.

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

PopularName Notes:

EPIC
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2011–2023 · leading case: In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011).
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In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011). “Part 6 of article VII is found at MCL 700.7601 through MCL 700.7615. The provisions of part 8 of article III are relevant here and are discussed in this portion of the opinion; article VII pertains to trust administration and is not relevant here.”
in Re Rebecca L Clemence Revocable Trust (Mich. Ct. App. 2017). “” MCL 700.7601 provides that a person creating a trust must have the capacity “required to make a will.”
in Re Rebecca L Clemence Revocable Trust (Mich. Ct. App. 2017). “” MCL 700.7601 provides that a person creating a trust must have the capacity “required to make a will.”
in Re Richard Liba Revocable Living Trust (Mich. Ct. App. 2018). “2 2 Briefly, however, having reviewed the entire record, we are satisfied that the trial court did not clearly err or abuse its discretion in determining that the handwritten amendment was invalid because Dr.”
in Re Richard Liba Revocable Living Trust (Mich. Ct. App. 2018). “2 2 Briefly, however, having reviewed the entire record, we are satisfied that the trial court did not clearly err or abuse its discretion in determining that the handwritten amendment was invalid because Dr.”
Carrie Harris Reynolds v. Revocable Living Trust of D W Reynolds (Mich. Ct. App. 2022). “] MCL 700.7601 provides, “The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.”
In Re Jld Living Trust (Mich. Ct. App. 2023). “ANALYSIS MCL 700.7601 provides that “[t]he capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.”
in Re Gerald R Mahoney Trust & Nancy W Mahoney Trust (Mich. Ct. App. 2015). “Pursuant to MCL 700.7601, “[t]he capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.”
Gladys Ragsdale Trust v. Tostige (In re Tostige), 537 B.R. 847 (Bankr. E.D. Mich. 2015). “7101 the “Michigan trust code,” and its Part 6, entitled “Revocable Trusts,” §§ 700.7601 through 700.7615. The Court concludes that this difficult issue of Michigan law should be decided by the State Court, rather than this Court.”
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