700.2713 Definitions for survivorship with respect to future interests under terms of trust. Sec. 2713. As used in this section and sections 2714 to 2716: (a) 'Alternative future interest' means an expressly created future interest that can take effect in possession or enjoyment instead of another future interest on the happening of 1 or more events, including survival of an event or failure to survive an event, whether an event is expressed in condition-precedent, condition-subsequent, or another form. A residuary clause in a will does not create an alternative future interest with respect to a future interest created in a nonresiduary devise in the will, whether or not the will specifically provides that a lapsed or failed devise is to pass under the residuary clause. (b) 'Beneficiary' means the beneficiary of a future interest and includes a class member if the future interest is in the form of a class gift. (c) 'Class member' includes, but is not limited to, an individual who failed to survive the distribution date but who would have taken under a future interest in the form of a class gift had he or she survived the distribution date.

is not limited to, an individual who failed to survive the distribution date but who would have taken under a future interest in the form of a class gift had he or she survived the distribution date. (d) 'Distribution date' means, with respect to a future interest, the time when the future interest takes effect in possession or enjoyment. The distribution date does not need to occur at the beginning or end of a calendar day, but can occur at a time during the course of a day. (e) 'Future interest' includes, but is not limited to, an alternative future interest and a future interest in the form of a class gift. (f) 'Future interest under the terms of a trust' means a future interest that is created by a transfer creating a trust or to an existing trust or by an exercise of a power of appointment to an existing trust, directing the continuance of an existing trust, designating a beneficiary of an existing trust, or creating a trust. (g) 'Surviving beneficiary' or 'surviving descendant' means a beneficiary or a descendant who does not predecease the distribution date and who is not considered to have predeceased the distribution date under section 2702. History: 1998, Act 386, Eff.

means a beneficiary or a descendant who does not predecease the distribution date and who is not considered to have predeceased the distribution date under section 2702. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC