VA · jury_instructions
Va. Model Jury Instr. Civ. No. 48.090
Finding Instruction
You shall find the writing dated (date of proponent’s will) to be the last will of (name of decedent)
if the proponent proved by the greater weight of the evidence that:
(1) the writing was validly executed; and
(2) (name of decedent) had testamentary intent when he executed it; and
(3) (name of decedent) had testamentary capacity to make a will at the time he executed it.
You shall find that the writing dated (date of proponent’s will) was not the last will of (name of
decedent)
(1) if the proponent failed to prove any one or more of the elements above; or
(2) if you find that the will was revoked, or
(3) if the contestant proved by clear and convincing evidence that the writing dated (date of
proponent’s will):
(a) was the result of undue influence; or
(b) was the result of fraud.
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
4958a7066041a8df44a9605d52910a70cbb1e084719751c789450d5b3da9d574
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