Proposed Mississippi Plain Language Model Jury Instructions - Civil 4904

Statement of Law

If a will is not entirely written in the testator’s own handwriting, then it must by signed by

two (2) witnesses. If the two witnesses sign the will at the request of the testator, the witnesses

attest to the will. The will then becomes an attested will. An attested will is a will that has been

signed by the witnesses at the request of the testator, and the witnesses have certified that (1) the

testator either signed the will [himself/herself] or had [name of signer] [or someone else] sign the

will in the testator’s conscious presence at [his/her] request and (2) that the testator was able to

execute the will. The testator does not have to sign the will in the witnesses’ presence in order for

the will to be legal. If the will is not signed by the testator in their presence, then the testator must

acknowledge [his/her] signature to the witnesses.

General Instruction

[Name of proponent] has offered a document to be admitted as [name of testator]’s

attested will for probate. To establish that the document is [name of testator]’s attested will,

[name of proponent] must prove all of the following are more likely true than not true:

1. [Name of witness 1] and [name of witness 2] signed the will;

2. [Name of witness 1] and [name of witness 2] certified that either [name of testator] signed the

will or [name of signer] [or someone else] signed the will in [name of testator]’s conscious

presence at [his/her] request; and

3. [Name of witness 1] and [name of witness 2] certified that [name of testator] had the ability to

execute the will.

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of witness 1] and [name of witness 2] sign the will?

YES _______ NO _______

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop

here and tell the bailiff (or you must return a verdict in favor of [name of contestant]).

2. Did [name of witness 1] and [name of witness 2] certify that either [name of testator] signed

the will or [name of signer] [or someone else] signed the will in [name of testator]’s conscious

presence at [his/her] request?

YES _______ NO _______

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop

here and tell the bailiff (or you must return a verdict in favor of [name of contestant]).

3. Did [name of witness 1] and [name of witness 2] certify that [name of testator] had the ability

to execute the will?

YES _______ NO _______

If your answers to questions 1-3 are YES, then you must return a verdict in favor of

[name of proponent]. If you answered NO, stop here and tell the bailiff (or you must return a

verdict in favor of [name of contestant]).