ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.7602 Revocation or amendment of revocable trust.
Sec. 7602.
(1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to any of the following:
(a) A trust created under a trust instrument executed before April 1, 2010.
(b) A trust created by the exercise of a power described in section 7820a.
(c) A trust created by the exercise of a power of appointment held by a trustee in a fiduciary capacity.
(2) If a revocable trust is created or funded by more than 1 settlor, all of the following apply:
(a) To the extent that the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses.
(b) To the extent that the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution.
(c) Upon notification by the settlor of the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.
(3) The settlor may revoke or amend a revocable trust in any of the following ways:
(a) By substantially complying with a method provided in the terms of the trust.
(b) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, in either of the following ways:
(i) If the trust is created pursuant to a writing, by another writing manifesting clear and convincing evidence of the settlor's intent to revoke or amend the trust.
(ii) If the trust is an oral trust, by any method manifesting clear and convincing evidence of the settlor's intent.
(4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.
(5) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a durable power of attorney only to the extent expressly authorized by the terms of the trust or the power of attorney.
(6) A conservator or plenary guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only to the extent expressly authorized by the terms of the trust and with the approval of the court supervising the conservatorship or guardianship.
(7) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or the settlor's successors in interest, including the trust beneficiaries, for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
History: Add. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2012, Act 483, Imd. Eff. Dec. 28, 2012
PopularName Notes:
EPIC
Notes of Decisions
Cited in
15
cases (
6 in the last 5 years), 2012–2025 · leading case:
In re Stillwell Trust, 829 N.W.2d 353 (Mich. Ct. App. 2012).
In re Stillwell Trust, 829 N.W.2d 353 (Mich. Ct. App. 2012).
· cites it 2× “” In this case, the ninth paragraph of the trust governed amendment and provided that “[t]he Grantor may by instrument in writing delivered to the Trustee . . . modify or alter this Agreement in any manner .”
in Re Leon E Barrenger Trust (Mich. Ct. App. 2017).
· cites it 6× “” In support of his position, appellant argued that at least three of the four writings quoted above constituted amendments to the trust pursuant to MCL 700.7602(3) and binding caselaw. Appellee responded, moving to dismiss the motion because “it is unknown whether Leon E…”
in Re Leon E Barrenger Trust (Mich. Ct. App. 2017).
· cites it 6× “” In support of his position, appellant argued that at least three of the four writings quoted above constituted amendments to the trust pursuant to MCL 700.7602(3) and binding caselaw. Appellee responded, moving to dismiss the motion because “it is unknown whether Leon E…”
20230112_C360134_37_360134.Opn.Pdf (Mich. Ct. App. 2023).
· cites it 3× “” Respondent characterizes the Memo as an attempt to dispose of personal property, which fails because of the inclusion of a cash gift, which is expressly forbidden by the statute.”
Linda Dice v. Esther G Bennett Revocable Trust (Mich. Ct. App. 2019).
· cites it 2× “The statute provides, “[r]evocable”, as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest.”
20241113_C370194_32_370194.Opn.Pdf (Mich. Ct. App. 2024).
· cites it 2× “” The court concluded that the 2022 amendment manifested a clear intent to revoke the trust, and it accordingly terminated the trust under MCL 700.7602(3). After the probate court issued its order, respondent, now represented by counsel, filed a motion for reconsideration.”
in Re Richard Liba Revocable Living Trust (Mich. Ct. App. 2018).
“, quoting MCL 700.7602(3)(a). The trial court determined that the terms of the trust required the 2016 amendment to fail because the language used mandated that due to Dr.”
in Re Richard Liba Revocable Living Trust (Mich. Ct. App. 2018).
“, quoting MCL 700.7602(3)(a). The trial court determined that the terms of the trust required the 2016 amendment to fail because the language used mandated that due to Dr.”
in Re Geraldine M Benjamin Trust (Mich. Ct. App. 2020).
“” MCL 700.7602(7). MCL 700.7901(1) provides that “[a] violation by a trustee of a duty the trustee owes to a trust beneficiary is a breach of trust”; moreover, the remedies for such a breach of trust are delineated: (2) To remedy a breach of trust that has occurred or may occur,…”
In Re Gregory Hall Trust (Mich. Ct. App. 2023).
“7112, and an amendment to the Gregory Hall Trust pursuant to MCL 700.7602(3)(a) and Article IV of the Trust.”
— Mich. Comp. Laws § 700.7602(1) — 1 case
Linda Dice v. Esther G Bennett Revocable Trust (Mich. Ct. App. 2019).
“The statute provides, “[r]evocable”, as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest.”
— Mich. Comp. Laws § 700.7602(1)(a) — 1 case
Linda Dice v. Esther G Bennett Revocable Trust (Mich. Ct. App. 2019).
“The statute provides, “[r]evocable”, as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest.”
— Mich. Comp. Laws § 700.7602(3) — 6 cases
20230112_C360134_37_360134.Opn.Pdf (Mich. Ct. App. 2023).
“” Respondent characterizes the Memo as an attempt to dispose of personal property, which fails because of the inclusion of a cash gift, which is expressly forbidden by the statute.”
20241113_C370194_32_370194.Opn.Pdf (Mich. Ct. App. 2024).
“” The court concluded that the 2022 amendment manifested a clear intent to revoke the trust, and it accordingly terminated the trust under MCL 700.7602(3). After the probate court issued its order, respondent, now represented by counsel, filed a motion for reconsideration.”
in Re Leon E Barrenger Trust (Mich. Ct. App. 2017).
“” In support of his position, appellant argued that at least three of the four writings quoted above constituted amendments to the trust pursuant to MCL 700.7602(3) and binding caselaw. Appellee responded, moving to dismiss the motion because “it is unknown whether Leon E…”
in Re Leon E Barrenger Trust (Mich. Ct. App. 2017).
“” In support of his position, appellant argued that at least three of the four writings quoted above constituted amendments to the trust pursuant to MCL 700.7602(3) and binding caselaw. Appellee responded, moving to dismiss the motion because “it is unknown whether Leon E…”
— Mich. Comp. Laws § 700.7602(3)(a) — 8 cases
In re Stillwell Trust, 829 N.W.2d 353 (Mich. Ct. App. 2012).
“” In this case, the ninth paragraph of the trust governed amendment and provided that “[t]he Grantor may by instrument in writing delivered to the Trustee . . . modify or alter this Agreement in any manner .”
in Re Leon E Barrenger Trust (Mich. Ct. App. 2017).
“” In support of his position, appellant argued that at least three of the four writings quoted above constituted amendments to the trust pursuant to MCL 700.7602(3) and binding caselaw. Appellee responded, moving to dismiss the motion because “it is unknown whether Leon E…”
in Re Leon E Barrenger Trust (Mich. Ct. App. 2017).
“” In support of his position, appellant argued that at least three of the four writings quoted above constituted amendments to the trust pursuant to MCL 700.7602(3) and binding caselaw. Appellee responded, moving to dismiss the motion because “it is unknown whether Leon E…”
in Re Richard Liba Revocable Living Trust (Mich. Ct. App. 2018).
“, quoting MCL 700.7602(3)(a). The trial court determined that the terms of the trust required the 2016 amendment to fail because the language used mandated that due to Dr.”
in Re Richard Liba Revocable Living Trust (Mich. Ct. App. 2018).
“, quoting MCL 700.7602(3)(a). The trial court determined that the terms of the trust required the 2016 amendment to fail because the language used mandated that due to Dr.”
— Mich. Comp. Laws § 700.7602(3)(b) — 2 cases
in Re Leon E Barrenger Trust (Mich. Ct. App. 2017).
“” In support of his position, appellant argued that at least three of the four writings quoted above constituted amendments to the trust pursuant to MCL 700.7602(3) and binding caselaw. Appellee responded, moving to dismiss the motion because “it is unknown whether Leon E…”
in Re Leon E Barrenger Trust (Mich. Ct. App. 2017).
“” In support of his position, appellant argued that at least three of the four writings quoted above constituted amendments to the trust pursuant to MCL 700.7602(3) and binding caselaw. Appellee responded, moving to dismiss the motion because “it is unknown whether Leon E…”
— Mich. Comp. Laws § 700.7602(3)(b)(i) — 1 case
— Mich. Comp. Laws § 700.7602(7) — 1 case
in Re Geraldine M Benjamin Trust (Mich. Ct. App. 2020).
“” MCL 700.7602(7). MCL 700.7901(1) provides that “[a] violation by a trustee of a duty the trustee owes to a trust beneficiary is a breach of trust”; moreover, the remedies for such a breach of trust are delineated: (2) To remedy a breach of trust that has occurred or may occur,…”
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