All states have their own laws regarding the validity of a will and what requirements must be met to ensure that a last will and testament will hold up in court if the document is ever contested. Because state law varies, it is important that you and your loved ones understand what is required under Mississippi law. Even the slightest mistake could mean that a judge will determine that your last will and testament is invalid, preventing your intentions from being carried on after your passing.
Even though many Mississippi residents draft and execute their own wills and can find valid boilerplate forms online, it is still important to speak with a Mississippi Wills & Trusts Attorney who can help you make clear what your wishes are. This will ensure that there is only one meaning that can be determined from your last will and testament. For example, if you name your brother as the administrator of your estate upon your passing, and you do not specify that this individual is your brother, if there is another family member (such as a son) with the exact same name, it may be difficult for a judge to determine which individual is supposed to be the administrator of your estate. This small mistake could be disastrous for your loved ones as they will have to fight over the meaning of your last will and testament in court.
Last Will and Testament – Requirements Under Mississippi Law
In order for your last will and testament to be valid under Mississippi law, the following requirements must be satisfied:
- You, the testator, must sign the last will and testament, however, you may direct another individual to sign on your behalf if you are not able sign your name by yourself;
- You must have at least two witnesses attest to the validity of your will, acknowledging that you are in fact the person who executed the last will and testament;
- By attesting to your will, the witnesses must sign the last will and testament when you are present;
- The witnesses must be credible individuals, meaning that they are honest and are individuals that you would trust to validate or attest to your last will and testament; and
- The witnesses cannot be individuals who will inherit from you upon your passing.
While Mississippi law only requires that the witnesses actually sign the last will and testament, it is a good idea to include a clause that states the witnesses have formally attested to the last will and testament, affirming its validity and that you are in fact the testator. Even if the above-listed requirements seem rather simple, you would be surprised at how minor mistakes have caused so much trouble. A seasoned Mississippi Wills & Trusts Attorney will thoroughly review and/or draft your last will and testament and provide suggestions for how you can clearly state your intentions so that a judge will not need to interpret what the true meaning of your last will and testament is if the document ever becomes disputed after your passing.
Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation
Your last will and testament is one of the most important documents you may ever write. When so much is at stake upon your passing, you want to feel rest assured in knowing that your assets and other property will be distributed in accordance with your wishes. It is not uncommon for wills to be found invalid if they do not comply with Mississippi law. As such, to ensure that your last will and testament will be found valid in a court of law, it is important that you work with a skilled Mississippi Wills & Trusts Attorney who helps individuals just like you on a regular basis. The sooner you are able to have an attorney review or draft your last will and testament, the sooner you can have peace of mind in knowing that you have taken a very important step in your life that will protect your wishes and interests after your passing. At Turk Law Firm, PLLC, Mississippi Wills & Trusts Attorney Lindsey McGee Turk has helped numerous Mississippians draft wills, ensuring they comply with Mississippi law. To schedule your free consultation with Lindsey McGee Turk, contact Turk Law Firm, PLLC today by calling (601) 214-1471.
