Michigan Laws 700.2601 – Definitions
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As used in this part:
(a) “Alternative devise” means a devise that is expressly created by the will and, under the terms of the will, can take effect instead of another devise on the happening of 1 or more events, including survival of the testator or failure to survive the testator, whether an event is expressed in condition-precedent, condition-subsequent, or another form. A residuary clause constitutes an alternative devise with respect to a nonresiduary devise only if the will specifically provides that, upon lapse or failure, the nonresiduary devise or nonresiduary devises in general pass under the residuary clause.
Terms Used In Michigan Laws 700.2601
- Alternative devise: means a devise that is expressly created by the will and, under the terms of the will, can take effect instead of another devise on the happening of 1 or more events, including survival of the testator or failure to survive the testator, whether an event is expressed in condition-precedent, condition-subsequent, or another form. See Michigan Laws 700.2601
- Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103
- Class member: includes , but is not limited to, an individual who fails to survive the testator but who would have taken under a devise in the form of a class gift had he or she survived the testator. See Michigan Laws 700.2601
- Descendant: means , in relation to an individual, all of his or her descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this act. See Michigan Laws 700.1103
- Devise: includes , but is not limited to, an alternative devise, a devise in the form of a class gift, and an exercise of a power of appointment. See Michigan Laws 700.2601
- Devise: To gift property by will.
- Devisee: includes , but is not limited to, the following:
(i) A class member if the devise is in the form of a class gift. See Michigan Laws 700.2601Donee: The recipient of a gift. Donor: The person who makes a gift. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Survive: means that an individual neither predeceases an event, including the death of another individual, nor is considered to predecease an event under section 2104 or 2702. See Michigan Laws 700.1107 Testator: includes the donee of a power of appointment if the power is exercised in the testator's will. See Michigan Laws 700.2601 Testator: A male person who leaves a will at death. Trust: includes , but is not limited to, an express trust, private or charitable, with additions to the trust, wherever and however created. See Michigan Laws 700.1107
(b) “Class member” includes, but is not limited to, an individual who fails to survive the testator but who would have taken under a devise in the form of a class gift had he or she survived the testator.
(c) “Devise” includes, but is not limited to, an alternative devise, a devise in the form of a class gift, and an exercise of a power of appointment.
(d) “Devisee” includes, but is not limited to, the following:
(i) A class member if the devise is in the form of a class gift.
(ii) The beneficiary of a trust, but not the trustee.
(iii) An individual or class member who was deceased at the time the testator executed his or her will or an individual or class member who was living at that time, but fails to survive the testator.
(iv) An appointee under a power of appointment exercised by the testator’s will.
(e) “Stepchild” means a child of the surviving, deceased, or former spouse of the testator or of the donor of a power of appointment, who is not the testator’s or donor’s child.
(f) “Surviving devisee” or “surviving descendant” means a devisee or a descendant who neither predeceased the testator nor is considered to have predeceased the testator under section 2702.
(g) “Testator” includes the donee of a power of appointment if the power is exercised in the testator’s will.