CJI-Civ. 34:2

For the proponent, (name), to have the writing that has been admitted into evidence

and identified as (insert appropriate description) admitted to probate as the Will of the

testator, (insert name of testator), you must find the following have been proved by a

preponderance of the evidence:

1. The writing (insert appropriate description) was signed by (name of testator) (or)

(someone for [name of testator]) in (insert applicable pronoun) conscious presence and at

(insert applicable pronoun) direction;

and (select appropriate number (2) below)

(2. Either before or after the testator’s death, the writing was signed by at least two

persons, each of whom signed it within a reasonable time after witnessing [name of

testator]:

[a. Sign the writing] [or]

[b. Acknowledge the signature on the writing as being [insert applicable pronoun]]

[or]

[c. Acknowledge the writing as being [insert applicable pronoun] Will].)

(or)

(2. The writing was acknowledged by the testator before [a notary public] [an

individual authorized by law to take acknowledgements].)

If you find that either one of these propositions has not been proved by a

preponderance of the evidence, then your verdict must be for the contestant, (name).

On the other hand, if you find that both propositions have been proved, (then your

verdict must be for the proponent) (then you must consider the contestant’s claim[s] that

[insert an appropriate description of any of the contestant’s claims on which the contestant has

the burden of proof, e.g., “that (name of testator) was not of sound mind at the time the Will was

signed”]).

If you find that (this claim has) (any one or more of these claims have) been proved

by a preponderance of the evidence, then your verdict must be for the contestant.

However, if you find that (this claim has not) (none of these claims have) been

proved by a preponderance of the evidence, then your verdict must be for the proponent.