A will is a legal instrument that contains the directions of a person (testator) pertaining to their property and assets in the event of death, written in the form prescribed by law. It is typically a good idea to write a last will and testament.
Even if you haven’t got a lot of assets, a last will and testament could actually help your family situation and prove to be vital to those you love upon your passing.
In case you are trying to find a printable and fillable Mississippi last will and testament form, you’ll find it on this page, in addition to the guidelines on will creation and answers to frequently asked questions.
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|Statutes||Title 91 – Trusts and Estates; Chapter 5 – Wills and Testaments|
|Signing requirement||Two witnesses||§ 91-5-1. Who may execute; signature; attestation|
|Age of testator||18 or older|
|Age of witnesses||18 or older|
|Self-proving wills||Allowed||§ 91-7-7. Proof of due execution of will|
|Handwritten wills||Recognized if meeting certain conditions||§ 91-5-1. Who may execute; signature; attestation|
|Oral wills||Recognized if meeting certain conditions||§ 91-5-15. Nuncupative wills, § 91-5-19.|
|Holographic wills||Recognized if meeting certain conditions||§ 91-5-1. Who may execute; signature; attestation|
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The primary difference between these two documents is that as soon as you depart this life, the person you name through power of attorney loses their official authority to handle any matters for you.
There are two primary ones amongst the power of attorney varieties:
An executor is a person you assign in your last will and testament to take care of your affairs once you depart this life. Nonetheless, the two positions can be served by the same individual.
In Mississippi, there’s no need to attest your will. However, if you wish to add a self-proving affidavit to your will, you must notarize it. If you make your will self-proving, the court won’t need to speak to the witnesses to determine the validity of the document, which will facilitate the probate.
A holographic last will is handwritten. For it to be effective, the document has to be wholly in the handwriting of the testator and dated and signed by him or her. But, such last wills are usually considered a temporary alternative. You would like to upgrade this type of a last will with an attested one when you can by using a lawyer’s support or a fillable form. It isn’t advised to hold a holographic last will as your final version because it could contain ambiguous or conflicting statements, causing much stalling during the probate.
An attested will is normally typewritten since it’s often made by a legal professional or is based upon a last will form, like the one you can download here. You would need to have two witnesses (18 years or older) sign the last will and testament in your presence for it to be considered valid. In some states, you would have to notarize it, but in Mississippi, there’s no such requirement.
In order to create your will and change it (to be testamentary capable), you have to meet specific requirements with regards to your legal and mental abilities (sound mind) first.
There’re generally two requirements to fulfill: soundness of mind and age. In the majority of states, you have to be over 18 years in order to make a last will. Soundness of mind means that you are aware of your estate as well as the heirs of your belongings and thoroughly understand the aftermaths of your actions.
No, in Mississippi, there is no such requirement. Nonetheless, attaching one might be quite advantageous as it removes the need for witnesses testimony in the course of probate, which eases the process significantly.
With regard to your marriage partner, it will be significant to emphasize that Mississippi is not a community property state, which means that all belongings that were gathered in the marriage or that improved with money got while in the said marriage, are not owned by both marriage partners evenly. Mississippi law permits to disinherit your spouse. However, your marriage partner will have the right to receive a certain minimum number of your assets.
Regarding the others, it is legal in Mississippi to disinherit members of your family in your last will and testament. By adding particular disinheritance paragraphs to your will, you’ll be able to cut off your adult children or any other relatives from receiving any of the properties and assets.
No, it is only you who is allowed to modify your last will and testament. A 3rd party is only able to sign the last will and testament in case you’re physically incapable of doing it.
Yes, it is possible. Based on Mississippi law, it’s possible to change or revoke the will if you are not obliged by a legal contract that mentions otherwise. It will also be a wise decision to review your last will and testament on such occasions:
If the last will has been lost or damaged, as per Mississippi law, the court will admit it. However, just the initial version of the last will and testament is likely to be accepted by the probate court.
Based on Mississippi law, the will’s absence will be assumed as its annulment. That suggests that the trustee should provide proof of the last will’s credibility, which might be found to be quite complicated.
For holographic wills, things may be much more problematic as sworn witnesses and testimony are needed. The reason behind not providing the will and its contents has to be proven too.
Solely per your directive and in your presence is someone allowed to sign your last will and testament (See Mississippi Estate Code). The testator can convey his or her last wishes orally, through responding positively to an inquiry, or with gestures.
A notary public can sign the name of the testator in case the testator cannot do it because of physical impairment. The notary has to be directed to do so with a witness present. Such a witness is selected the same way someone would choose a trustee – they must have no legal or equitable interest in any property being the focus of or impacted by the last will.
|Related documents||Cases when you could need to make one|
|Codicil||You would like to slightly change your will without writing a new document from scratch.|
|Self-proving affidavit||You would like the probate to be faster when the time comes.|
|Living will||You want to state precisely what health care you expect if you can’t communicate that yourself.|
|Living trust||You would like to deal with your end-of-life affairs without probate.|