Sec. 2519.
(1) A will executed in the form prescribed by subsection (2) and otherwise in compliance with the terms of the Michigan statutory will form is a valid will. A person printing and distributing the Michigan statutory will shall print and distribute the form verbatim as it appears in subsection (2). The notice provisions shall be printed in 10-point boldfaced type.
(2) The form of the Michigan statutory will is as follows:
| MICHIGAN STATUTORY WILL NOTICE |
2. There are several kinds of wills. If you choose to complete this form, you will have a Michigan statutory will. If this will does not meet your wishes in any way, you should talk with a lawyer before choosing a Michigan statutory will.
3. Warning! It is strongly recommended that you do not add or cross out any words on this form except for filling in the blanks because all or part of this will may not be valid if you do so.
4. This will has no effect on jointly held assets, on retirement plan benefits, or on life insurance on your life if you have named a beneficiary who survives you.
5. This will is not designed to reduce estate taxes.
6. This will treats adopted children and children born outside of wedlock who would inherit if their parent died without a will the same way as children born or conceived during marriage.
7. You should keep this will in your safe deposit box or other safe place. By paying a small fee, you may file this will in your county's probate court for safekeeping. You should tell your family where the will is kept.
8. You may make and sign a new will at any time. If you marry or divorce after you sign this will, you should make and sign a new will.
| INSTRUCTIONS: |
2. Read the entire Michigan statutory will carefully before you begin filling in the blanks. If there is anything you do not understand, you should ask a lawyer to explain it to you.
| MICHIGAN STATUTORY WILL OF | ________________________________ |
| (Print or type your full name) | |
| ARTICLE 1. DECLARATIONS | |
| This is my will and I revoke any prior wills and codicils. I live in ___________________________ County, Michigan. | |
| My spouse is ___________________________________________. | |
| (Insert spouse's name or write "none") | |
| My children now living are: | |
| _______________________________ | _______________________________ |
| _______________________________ | _______________________________ |
| _______________________________ | _______________________________ |
| (Insert names or write "none") | |
| ARTICLE 2. DISPOSITION OF MY ASSETS | |
| 2.1 CASH GIFTS TO PERSONS OR CHARITIES. | |
| (Optional) | |
| ____________________________________ |
| (Insert name of person or charity) |
| ____________________________________ |
| (Insert address) |
| AMOUNT OF GIFT (In figures): $ ________________________________ |
| AMOUNT OF GIFT (In words): ____________________________ Dollars |
| ____________________________________ |
| (Your signature) |
| Full name and address of person or charity to receive cash gift |
| (Name only 1 person or charity): |
| ____________________________________ |
| (Insert name of person or charity) |
| ____________________________________ |
| (Insert address) |
| AMOUNT OF GIFT (In figures): $ ________________________________ |
| AMOUNT OF GIFT (In words): ____________________________ Dollars |
| ____________________________________ |
| (Your signature) |
| 2.2 PERSONAL AND HOUSEHOLD ITEMS. |
I give my spouse all my books, jewelry, clothing, automobiles, furniture, and other personal and household items not included on such a separate list or statement. If I am not married at the time I sign this will or if my spouse dies before me, my personal representative shall distribute those items, as equally as possible, among my children who survive me. If no children survive me, these items shall be distributed as set forth in paragraph 2.3.
| 2.3 ALL OTHER ASSETS. |
Distribution clause, if no spouse, children, or descendants of children survive me.
(Select only 1)
(a) One-half to be distributed to my heirs as if I did not have a will, and one-half to be distributed to my spouse's heirs as if my spouse had died just after me without a will.
| ____________________________________ |
| (Your signature) |
| ____________________________________ |
| (Your signature) |
| ARTICLE 3. NOMINATIONS OF PERSONAL |
| REPRESENTATIVE, GUARDIAN, AND CONSERVATOR |
| 3.1 PERSONAL REPRESENTATIVE. |
| (Name at least 1) |
| I nominate _____________________________________________________ |
| (Insert name of person or eligible financial institution) |
| of _________________________to serve as personal representative. |
| (Insert address) |
| If my first choice does not serve, I nominate __________________ ___________________________________________________________ |
| (Insert name of person or eligible financial institution) |
| of________________________ to serve as personal representative. |
| (Insert address) |
| 3.2 GUARDIAN AND CONSERVATOR. |
| If a guardian or conservator is needed for a child of mine, I nominate _________________________________________ |
| (Insert name of individual) |
| of ____________________________________________ as guardian and |
| (Insert address) |
| ________________________________________________________________ |
| (Insert name of individual or eligible financial institution) |
| of ____________________________________ to serve as conservator. |
| (Insert address) |
| If my first choice cannot serve, I nominate ______________________________________________ |
| (Insert name of individual) |
| of ___________________________________________ as guardian and |
| (Insert address) |
| ________________________________________________________________ |
| (Insert name of individual or eligible financial institution) |
| of ____________________________________ to serve as conservator. |
| (Insert address) |
| 3.3 BOND. |
(a) My personal representative and any conservator I have named shall serve with bond.
| ____________________________________ |
| (Your signature) |
| ____________________________________ |
| (Your signature) |
| 3.4 DEFINITIONS AND ADDITIONAL CLAUSES. |
I sign my name to this Michigan statutory will on ______________ , 20_____.
| ____________________________________ |
| (Your signature) |
| NOTICE REGARDING WITNESSES |
| STATEMENT OF WITNESSES |
| _____________________________________ | |
| (Print Name) | |
| _____________________________________ | |
| (Signature of witness) | |
| _____________________________________ | |
| (Address) | |
| _________________________________ ______ ______ | |
| (City) | (State) (Zip) |
| _____________________________________ | |
| (Print name) | |
| _____________________________________ | |
| (Signature of witness) | |
| _____________________________________ | |
| (Address) | |
| _________________________________ ______ ______ | |
| (City) | (State) (Zip) |
| _____________________________________ | |
| (Print name) | |
| _____________________________________ | |
| (Signature of witness) | |
| _____________________________________ | |
| (Address) | |
| _________________________________ ______ ______ | |
| (City) | (State) (Zip) |
| DEFINITIONS |
(a) "Assets" means all types of property you can own, such as real estate, stocks and bonds, bank accounts, business interests, furniture, and automobiles.
(b) "Descendants" means your children, grandchildren, and their descendants.
(c) "Descendants" or "children" includes individuals born or conceived during marriage, individuals legally adopted, and individuals born out of wedlock who would inherit if their parent died without a will.
(d) "Jointly held assets" means those assets to which ownership is transferred automatically upon the death of 1 of the owners to the remaining owner or owners.
(e) "Spouse" means your husband or wife at the time you sign this will.
(f) Whenever a distribution under a Michigan statutory will is to be made to an individual's descendants, the assets are to be divided into as many equal shares as there are then living descendants of the nearest degree of living descendants and deceased descendants of that same degree who leave living descendants. Each living descendant of the nearest degree shall receive 1 share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the descendant. In this manner, all descendants who are in the same generation will take an equal share.
(g) "Heirs" means those persons who would have received your assets if you had died without a will, domiciled in Michigan, under the laws that are then in effect.
(h) "Person" includes individuals and institutions.
(i) Plural and singular words include each other, where appropriate.
(j) If a Michigan statutory will states that a person shall perform an act, the person is required to perform that act. If a Michigan statutory will states that a person may do an act, the person's decision to do or not to do the act shall be made in good faith exercise of the person's powers.
| ADDITIONAL CLAUSES |
| Powers of personal representative |
2. The personal representative may distribute estate assets otherwise distributable to a minor beneficiary to the minor's conservator or, in amounts not exceeding $5,000.00 per year, either to the minor, if married; to a parent or another adult with whom the minor resides and who has the care, custody, or control of the minor; or to the guardian. The personal representative is free of liability and is discharged from further accountability for distributing assets in compliance with the provisions of this paragraph.
| POWERS OF GUARDIAN AND CONSERVATOR |
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2010, Act 325, Eff. Apr. 1, 2010
Compiler's Notes: As to actions taken with respect to a clerical error detected in Enrolled Senate Bill No. 1045 filed with the Secretary of State on March 30, 2000, see the following correspondence:“September 14, 2000“Secretary of State Candice Miller“Department of State“Treasury Building“430 W. Allegan“Lansing, MI 48918-9900“Dear Secretary Miller:“The purpose of this letter is to document the action I am taking in order to correct a clerical error recently detected in Enrolled Senate Bill 1045. I signed this bill on March 29, 2000. It was filed with the Secretary of State on March 30, 2000, and assigned Public Act Number 54 of 2000. This legislation made various, largely technical amendments to the Estates and Protected Individuals Code that, having been given immediate effect, took effect on April 1, 2000.“The Secretary of the Senate and the Clerk of the House re-presented a corrected version of Enrolled Senate Bill 1045 to me on September 11, 2000, along with the accompanying letter. Apparently, a clerical error was made during the enrollment process. Specifically, Section 2519, which updated the year '19 __' to '20__' on the Michigan statutory will form was inadvertently omitted from the bill. During the 6 months this error remained undetected, an unknown and unknowable number of persons may have relied on its provisions, all but one of which are unaffected by this correction which, in effect, makes a century date change.“The Secretary of the Senate and the Clerk of the House have recommended that I now re-sign a corrected version to be assigned the same date and public act number of the originally signed bill. Michigan case law supports this recommended procedure due to the fact that the omission was a 'clerical mistake' that dealt with a non-substantive provision of the bill.“As the court held in Board of Control v Auditor General, 149 Mich 386, 388 (1907), '(an) omission in the enrolled bill of words not essential to its substance or effect will not render the act invalid.' Similar decisions can be found in more recent court opinions. Beacon Club v Kalamazoo Sheriff, 332 Mich 412 (1952).“Therefore, I have affixed the revised enrolled bill with the same date as the date of my original signature. In addition, it is my expectation that the corrected enrolled bill will receive Public Act Number 54 of 2000.“Sincerely,“John Engler“Governor“cc: Michigan State Senate“Michigan House of Representatives”“September 10, 2000“The Honorable John Engler“Capitol Building“Lansing, Michigan 48913“Subject: PA 54 of 2000“Dear Governor Engler:“A clerical error has been detected in Enrolled Senate Bill 1045, which was filed with the Secretary of State on March 30, 2000, and assigned Public Act No. 54 of 2000. The bill presented to you on March 29, 2000, did not accurately reflect what was agreed to by both houses of the Legislature. Specifically, Section 2519, which updated the year from '19 __' to '20__' on the Michigan statutory will form was inadvertently omitted from the bill.“Therefore, we are presenting a correct Enrolled Senate Bill for your signature and filing with the Secretary of State. Upon filing, the defective Enrolled Senate Bill 1045 will be replaced with the correct Enrolled Senate Bill 1045 and assigned the same public act number. The inaccurate enrolled bill was signed by you on March 29, 2000, and filed with the Secretary of State on March 30, 2000. The effective date of Public Act No. 54 of 2000 will remain April 1, 2000.“This procedure ensures that the bill as passed by both houses of the Legislature is accurately filed and effective, while this document will provide notification to the public. We apologize for any inconvenience this may have caused you and the citizens of the state of Michigan. If you have any questions, please feel free to contact us.“Sincerely,“Carol Morey Viventi“Secretary of the Senate“Gary L. Randall“Clerk of the House of Representatives“cc: Candice S. Miller, Secretary of State”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."
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