VA · jury_instructions
Va. Model Jury Instr. Civ. No. 48.000
Issues and Burden of Proof
Your verdict must be based on the facts as you find them and on the law contained in all of
these instructions.
The only question in this case is whether [this writing is; these writings are] the last will of (name
of decedent). In deciding this question, you will have to consider these issues:
(1) Was the writing validly executed?
(2) Did (name of decedent) have testamentary intent when he signed it?
(3) Did (name of decedent) have testamentary capacity when he signed it?
On these issues, the proponents of the will have the burden of proof by the greater weight of
the evidence.
(4) Was the writing ever revoked?
On this issue, the contestants have the burden of proof by the greater weight of the evidence.
(5) Did anyone exert undue influence on (name of decedent)?
(6) Did anyone fraudulently bring about the execution of the writing?
On these issues, the contestants have the burden of proof by clear and convincing evidence.
Your decisions on these issues must be governed by the following instructions.
History
Virginia Model Jury Instructions – Civil, Release 26, April 2026. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- civ-2026-04-01
- Content hash
524c4d16bf0cbee49eac112e501bf3860874fd69496b4cf7246731774e4c63c4
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