ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.8206 Application to existing relationships.
Sec. 8206.
(1) Except as otherwise provided in article VII, all of the following apply on the effective date of the amendatory act that added this section:
(a) The amendments and additions to article VII enacted by the amendatory act that added this section apply to all trusts created before, on, or after that effective date.
(b) The amendments and additions to article VII enacted by the amendatory act that added this section apply to all judicial proceedings concerning trusts commenced on or after that effective date.
(c) The amendments and additions to article VII enacted by the amendatory act that added this section apply to judicial proceedings concerning trusts commenced before that effective date unless the court finds that application of a particular provision of the amendments and additions would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of the amendments and additions does not apply and the superseded provisions apply.
(d) Any rule of construction or presumption provided in the amendments and additions to article VII enacted by the amendatory act that added this section applies to trust instruments executed before that effective date unless there is a clear indication of a contrary intent in the terms of the trust.
(2) The amendments and additions to article VII enacted by the amendatory act that added this section do not impair an accrued right or affect an act done before that effective date. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before that effective date, that statute continues to apply to the right even if it has been repealed or superseded.
(3) If any provision of the amendments and additions to article VII enacted by the amendatory act that added this section conflicts with any provision of 1846 RS 63, MCL 555.1 to 555.27, the provision of article VII prevails.
History: Add. 2009, Act 46, Eff. Apr. 1, 2010
PopularName Notes:
EPIC
Notes of Decisions
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
· cites it 30× “MCL 700.8206(1) provides, in relevant part: (1) Except as otherwise provided in article VII [i.”
Nash v. Duncan Park Comm'n, 304 Mich. App. 599 (Mich. Ct. App. 2014).
· cites it 2× “MCL 700.8206(3). A reporter’s comment for this section of the MTC further explains the relationship between the old and the newer law: The Michigan Statute of Uses and Trusts, 1846 RS 63, MCL 555.”
In Re Thomas Lis Trust (Mich. Ct. App. 2025).
· cites it 9× “MCL 700.8206(1)(D) Appellants next argue that MCL 700.”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017).
“1 See MCL 700.8206(1)(a), (1)(b), (2). Under the MTC, “[a] violation by a trustee of a duty the trustee owes to a trust beneficiary is a breach of trust.”
In Re Howe Est. (Mich. Ct. App. 2023).
“1101 to MCL 700.8206 of the Estates and Protected Individuals Code (“EPIC”), MCL 700.”
— Mich. Comp. Laws § 700.8206(1) — 1 case
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
“MCL 700.8206(1) provides, in relevant part: (1) Except as otherwise provided in article VII [i.”
— Mich. Comp. Laws § 700.8206(1)(D) — 1 case
— Mich. Comp. Laws § 700.8206(1)(a) — 3 cases
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
“MCL 700.8206(1) provides, in relevant part: (1) Except as otherwise provided in article VII [i.”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017).
“1 See MCL 700.8206(1)(a), (1)(b), (2). Under the MTC, “[a] violation by a trustee of a duty the trustee owes to a trust beneficiary is a breach of trust.”
— Mich. Comp. Laws § 700.8206(1)(d) — 1 case
— Mich. Comp. Laws § 700.8206(2) — 1 case
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
“MCL 700.8206(1) provides, in relevant part: (1) Except as otherwise provided in article VII [i.”
— Mich. Comp. Laws § 700.8206(3) — 1 case
Nash v. Duncan Park Comm'n, 304 Mich. App. 599 (Mich. Ct. App. 2014).
“MCL 700.8206(3). A reporter’s comment for this section of the MTC further explains the relationship between the old and the newer law: The Michigan Statute of Uses and Trusts, 1846 RS 63, MCL 555.”
— Mich. Comp. Laws § 700.8206(l)(a) — 4 cases
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
“MCL 700.8206(1) provides, in relevant part: (1) Except as otherwise provided in article VII [i.”
Nash v. Duncan Park Comm'n, 304 Mich. App. 599 (Mich. Ct. App. 2014).
“MCL 700.8206(3). A reporter’s comment for this section of the MTC further explains the relationship between the old and the newer law: The Michigan Statute of Uses and Trusts, 1846 RS 63, MCL 555.”
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