Proposed Mississippi Plain Language Model Jury Instructions - Civil 4905

Statement of Law

In order for a will to be valid, the person making the will must have a sound and

disposing mind at the time [he/she] executes the will. A person has a sound and disposing mind

if [he/she] understands and appreciates:

1. The nature of [his/her] act in making the will;

2. The [beneficiary/beneficiaries] to whom the testator has given gifts in the will and the

testator’s relationship to [him/her/it/them]; and

3. The testator was capable of determining how [he/she] desired to dispose of [his/her] property.

The testator does not have to leave [his/her] property to others in a natural, reasonable, fair, and

just way.

General Instruction

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

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

prove all of the following are more likely true than not true:

1. [Name of testator] understood and appreciated the nature of [his/her] act in making the will;

2. [Name of testator] understood and appreciated who the [beneficiary/beneficiaries] [was/were]

to whom [name of testator] had given gifts in the will and [name of testator]’s relationship to

[him/her/it/them]; and

3. [Name of testator] was capable of determining how [he/she] desired to dispose of [his/her]

property.

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of testator] understand and appreciate the nature of [his/her] act in making 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 testator] understand and appreciate who the [beneficiary/beneficiaries]

[was/were] to whom [name of testator] had given gifts in the will and [name of testator]’s

relationship to [him/her/it/them]?

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. Was [name of testator] capable of determining how [he/she] desired to dispose of [his/her]

property?

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]).