Proposed Mississippi Plain Language Model Jury Instructions - Civil 4910

Statement of Law

A will that is verbal only and not put in writing is called a noncupative will. It may also

be called a verbal will. A verbal will can only dispose of personal property, not real property. If a

verbal will attempts to dispose of property which is worth more than $100.00, then two (2)

witnesses must testify that the testator informed them that these verbal statements were intended

to be [his/her] will.

General Instruction

[Name of proponent] claims that [name of testator] verbally stated that [he/she]

________________________ [describe testator’s statements]. To establish this claim, [name of

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

1. [Name of testator] intended that [his/her] verbal statements were to be [his/her] will; and

2. [Name of testator] made the verbal statements during [his/her] last illness; and

3. [Name of testator] made the verbal statements at [his/her] home, or where [he/she] had lived

for ten (10) days before [his/her] death, or where [he/she] had become ill and died before [he/she]

could return home.

[If the verbal will attempts to dispose of property which is worth more than $100.00, then

[name of proponent] must also prove that the following is more likely true than not true:

4. [Name of witness 1] and [name of witness 2] testified that [name of testator] informed them

that these verbal statements were intended to be [his/her] will.].

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of testator] intend that [his/her] verbal statements were to be [his/her] 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] make the verbal statements during [his/her] last illness?

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 testator] make the verbal statements at [his/her] home, or where [he/she] had

lived for ten (10) days before [his/her] death, or where [he/she] had become ill and died before

[he/she] could return home?

YES _______ NO _______

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

[name of proponent] [or answer question 4]. If you answered NO, stop here and tell the bailiff (or

you must return a verdict in favor of [name of contestant]).

[If the verbal will attempts to dispose of property which is worth more than $100.00, then

you must also answer the following question:

4. Did [name of witness 1] and [name of witness 2] testify that [name of testator] informed them

that these verbal statements were intended to be [his/her] will?

YES _______ NO _______

If your answers to questions 1-4 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]).]