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Lack of Intent: A will may be declared invalid if it is the product of mistake, fraud, undue influence, or duress. These situations are sometimes alleged when a person was under the exclusive care of another in his or her final days, and the last will and testament favors the caregiver over other family members.
Wills in Mississippi don't need to be notarized to be valid, but notarization can make the probate process smoother. That's because, when a will is notarized, it means the probate court doesn't have to summon the witnesses to make sure the will is legally binding.
Yes. You can make your own will in Mississippi and do not need an attorney to draft it for you. If you know who you want to manage your estate, what assets you have, and who you want to give them to, you are ready to make a will.
Besides documents drawn up by an attorney, Mississippi also accepts two types of nontraditional wills as long as they adhere to specific guidelines. Handwritten wills. Mississippi does accept handwritten wills as long as they're written in such a way that it's clear they're wills.
Witnesses: A Mississippi will must be signed by at least disinterested two witnesses in the presence of the testator if the will was not written entirely and signed by the testator. Writing: A Mississippi will must be in writing, except as noted below. Beneficiaries: A testator can leave property to anyone.
Mississippi law holds that a will entirely written in the testator's handwriting and signed at the end (a ?holographic? will) is a valid will. Otherwise, Mississippi Code Section 91-5-1 establishes the following requirements for a valid will or codicil.
Steps to Create a Will in Mississippi Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.
To write a will, Mississippi law states you must be at least 18 years old, of sound and disposing mind, must intend the document to be your will and must have the written will validly executed. Upon your death, your will must go through probate, a court proceeding that declares the will valid or invalid.