Proposed Mississippi Plain Language Model Jury Instructions - Civil 4915

Statement of Law

Fraud is a deception or a lie which causes the testator to dispose of [his/her] property or to

change [his/her] wishes or desires concerning [his/her] property, or to do some act which [he/she]

otherwise would not have done except for the fraud.

General Instruction

[Name of contestant] claims that [name of proponent or person] got [name of testator] to

make [his/her] will by fraud. To establish this claim, [name of contestant] must prove all of the

following by clear and convincing evidence:

1. [Name of proponent or person] told [name of testator] ____________________ [describe the

alleged false statement];

2. This statement was false;

3. This statement concerned an important or material fact;

4. [Name of proponent or person] knew that the statement was false;

5. [Name of proponent or person] intended that [name of testator] would reasonably act upon the

statement in [making/executing] [his/her] will;

6. [Name of testator] did not know that the statement was false;

7. [Name of testator] [made/executed] [his/her] will [based/relying] on the false statement.

Verdict Form

We answer the questions submitted to us as follows:

1. Do you find by clear and convincing evidence that [name of proponent or person] told [name

of testator] ____________________ [describe the alleged false statement]?

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 proponent]).

2. Do you find by clear and convincing evidence that this statement was false?

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 proponent]).

3. Do you find by clear and convincing evidence that this statement concerned an important or

material fact?

YES _______ NO _______

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop

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

4. Do you find by clear and convincing evidence that [name of proponent/name of person] knew

that the statement was false?

YES _______ NO _______

If your answer to question 4 is YES, then answer question 5. If you answered NO, stop

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

5. Do you find by clear and convincing evidence that [name of proponent/name of person]

intended that [name of testator] would reasonably act upon the statement in [making/executing]

[his/her] will?

YES _______ NO _______

If your answer to question 5 is YES, then answer question 6. If you answered NO, stop

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

6. Do you find by clear and convincing evidence that [name of testator] did not know that the

statement was false?

YES _______ NO _______

If your answer to question 6 is YES, then answer question 7. If you answered NO, stop

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

7. Do you find by clear and convincing evidence that [name of testator] [made/executed]

[his/her] will [based/relying] on the false statement?

YES _______ NO _______

If your answers to questions 1-7 are YES, then you must return a verdict in favor of

[name of contestant].