Proposed Mississippi Plain Language Model Jury Instructions - Civil 4906

Statement of Law

If the person making the will is under the undue influence of [a/another]

[person/organization/entity] when [he/she] executes the will, then the will is not valid and should

be set aside. Undue influence is conduct which [destroys/overcomes] the testator’s free will and

substitutes the [other person/organization/entity]’s [decisions/opinions/will] for that of the

testator’s. Every type of influence that [a/an] [person/organization/entity] may have over the

testator is not undue influence. Influence such as advice, suggestions, or requests is not undue

influence unless it is so demanding and continuous that it [destroys/overcomes] the testator’s free

will and the ability for [him/her] to make [his/her] own decisions.

In order for a will to be void because of undue influence, the evidence must show that the

resulting will was not the testator’s wishes or desires but those of the [other

person/organization/entity]. Undue influence does not have to be shown by direct evidence.

The time when the undue influence is applied is not necessarily the deciding factor in

making a will void. However, the undue influence must work directly on the testator’s mind and

control how [he/she] disposes of [his/her] property at the time [he/she] executes the will.

General Instruction

[Name of contestant] claims that [name of testator]’s will should be set aside because

[name of proponent] unduly influenced [name of testator] in making [his/her] will. In order to

establish this claim, [name of proponent] must prove all of the following are more likely true

than not true:

1. [Name of proponent] did not apply undue influence on [name of testator]; and

2. [Name of proponent]’s [will/wishes/desires] [was/were] not substituted for [name of testator]’s

[will/wishes/desires] and that [name of proponent] did not [destroy/overcome] [name of

testator]’s free will.

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of proponent] apply undue influence on [name of testator]?

YES _______ NO _______

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

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

2. [Was/were] [name of proponent]’s [will/wishes/desires] substituted for [name of testator]’s

[will/wishes/desires] and did [name of proponent] [destroy/overcome] [name of testator]’s free

will?

YES _______ NO _______

If your answers to questions 1-2 are NO, then you must return a verdict in favor of [name

of proponent]. If you answered YES, stop here and tell the bailiff (or you must return a verdict in

favor of [name of contestant]).