Very few documents that people sign are as crucial as the last will and testament, often referred to as a “will.” A will is a legal document that states the wishes of the testator (the person making the will) after they pass away. Under Miss. Code Ann. § 91-5-1, a valid and binding will must meet specific legal requirements. The laws prescribe conditions for the testator and for the will itself.
While executing wills has been a common practice for centuries, traditional laws have relaxed over time. If you’re thinking about creating a will, consult with an attorney to ensure that your wishes are accurately reflected in the document.
Key Takeaways
What Are the Requirements for a Will to Be Valid in Mississippi?
Mississippi law sets clear rules for a will to hold up in probate court. Missing even one requirement can put your family’s inheritance at risk.
- Age and Capacity:
The testator must be at least 18 years old and of sound mind when the will is signed. - Proper Signing and Witnesses:
The testator must sign the will, or direct someone to sign it for them, with at least two credible witnesses attesting in their presence. - Disinterested Witnesses:
A beneficiary who also serves as a witness can lose their bequest, even if the will itself remains valid. - No Notarization Required:
Mississippi does not require a will to be notarized, though proper signing and witnessing are still essential.
Testator and Witness Requirements for Valid Mississippi Wills
Under Miss. Code Ann. § 91-5-1, anyone at least 18 years old and of sound mind can create a will. The testator must sign the will or direct another person to sign it in the testator’s presence. However, if the testator does not completely write the will, at least two credible witnesses must attest to the will in the testator’s presence.
Testamentary capacity is critical to creating a valid will. The testator must be aware of their actions in creating the will and understand the implications of their expressed wishes.
Further, under the law, witnesses to a will should not include a beneficiary of the will. Failing to abide by this rule may nullify the gift or bequest to the witness-beneficiary.
We’re Here to Help
Planning for Your Family’s Future Doesn’t Have to Feel Overwhelming
Thinking about a will can bring up hard questions about mortality and family. You don’t have to work through it alone. Our team at Harris Law Firm will walk you through the process step by step, so your wishes are protected and your family is taken care of.
Requirements for Mississippi Wills
According to § 91-5-1, the will must meet standard requirements. The statute states that the document or codicil must be signed by the testator or another person in the testator’s presence and by his express direction. These are the standard will requirements; however, various exceptions may apply under certain circumstances.
Under Mississippi law, a will must include a surviving spouse, but parents are not required to leave any part of their estate to their children. To disinherit a child, the will must explicitly state the parent’s intent.
Oral and Handwritten Wills in Mississippi
Mississippi is one of the only states that accept nuncupative (oral) wills. These wills are only valid if:
- They are made at the time of the testator’s last illness, and
- At their residence or where they resided for 10 days before their passing.
Typically, the most that a testator can bequeath in an oral will is $100. A bequeath exceeding $100 is only valid if two people who the testator called on to bear witness can prove the testator’s will.
Holographic (handwritten) wills are valid if the document is testamentary in character and is written, dated, and signed by the testator.
Does a Will Have to Be Notarized in Mississippi?
Create a valid living will in Mississippi by complying with state legal requirements. While notarization is not required, consult an estate planning attorney to ensure the document meets all necessary criteria.
Need Help Creating a Valid Will in Mississippi?
Revocation of a Will in Mississippi
Mississippi law allows testators to revoke or modify their will at any time. A testator can achieve revocation by:
- Destroying or canceling the will,
- Ordering another person to destroy or cancel the will,
- Make a new will that revokes any prior wills, or
- Creating a document that meets the requirements of a will and expressly revokes an old will.
Under certain circumstances, an automatic revocation could occur. For instance, if the testator did not have a child at the time they made the will, but they do at the time they die, the will is revoked unless:
- The child dies before 21, and
- The child dies without being married or leaving children behind.
In these cases, intestacy laws go into effect as though the testator never made a will.
Protect What Matters Most
Give Your Family the Certainty of a Legally Sound Will
A will that doesn’t meet Mississippi’s legal requirements can be challenged, delayed, or set aside entirely, leaving your family with uncertainty when they need clarity most. Let our team help you create a will that holds up and reflects your true wishes.
Contesting a Will in Mississippi
Potential heirs or beneficiaries cannot change a will simply because they disagree with its contents. However, under certain circumstances, one could challenge a will on the grounds that it is not legally valid or enforceable. Let’s look at some of the most common reasons one could contest a will.
Lack of Capacity
This might be relevant in cases where an older adult revokes a previous will and creates a new one that is drastically different.
Undue Influence
Wills resulting from fraud, undue influence, or duress might be invalid. This could occur in cases where the testator was under someone’s care, and that caregiver becomes a primary beneficiary over the testator’s other family members.
Additionally, one can contest a will in cases of forgery and duplicate wills. In light of Mississippi law, those who believe their loved one’s will is invalid must take immediate action.
Contact an Experienced Mississippi Trust and Will Lawyer for Assistance
What are the requirements for a will to be valid in Mississippi? If you’ve pondered this question, you are not alone. Let the dedicated estate planning lawyers at the Harris Law Firm, PLLC, put their four decades of experience to work for you. We can work with you to ensure that all your estate planning goals are met. We can also help you identify which estate planning tools may be most effective at accomplishing your goals and answer any questions you have about the process. To schedule a free consultation, reach out to us through our online contact form.
Common Questions
Will Validity FAQs: What Mississippi Requires
If you’re asking what are the requirements for a will to be valid in Mississippi, these are the questions we hear most often from clients starting the process.
Under Mississippi Code § 91-5-1, the testator must be at least 18 years old and of sound mind. The testator must sign the will, or direct someone else to sign it in their presence, and if the testator didn’t write the entire document, at least two credible witnesses must attest to it in the testator’s presence.
It’s not recommended. If a beneficiary serves as a witness to a Mississippi will, the bequest left to that person can be nullified, even if the rest of the will remains valid. Choosing disinterested witnesses helps protect the document from a later challenge.
Yes, under limited circumstances. A holographic (handwritten) will must be testamentary in character, dated, and signed by the testator. A nuncupative (oral) will is valid only if made during the testator’s final illness at their residence, and amounts over $100 require two witnesses to verify it.
No. Mississippi law does not require a will to be notarized to be valid. It does require proper signing and, in most cases, attestation by at least two credible witnesses. Notarizing a self-proving affidavit can still simplify the probate process later.
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