Simple Will - Mississippi

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (with Subscribing-Witness Affidavits)

I. DOCUMENT HEADER

1. Effective Date. This Last Will and Testament (“Will”) is executed on [DATE] (“Effective Date”).
2. Testator. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY] County, Mississippi, declare this to be my Will and revoke all prior wills and codicils.
3. Governing Law. This Will is governed by and shall be construed under the laws of the State of Mississippi, including Miss. Code Ann. § 91-5-1 et seq. (the “State Probate Law”).

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below.

1. “Administrator” means any court-appointed personal representative if no nominated Executor qualifies.
2. “Beneficiary” means any person or entity receiving a distribution under this Will.
3. “Estate” means all probate assets owned by me at death, wherever situated.
4. “Executor” means the personal representative nominated under Section III.2.
5. “Issue” means lineal descendants by blood or legal adoption, per stirpes.
6. “Residue” means the remainder of my Estate after payment of debts, expenses, taxes, and all specific gifts.
7. “Tangible Personal Property” means furniture, jewelry, vehicles, artworks, and other moveable personal effects.
8. “Trustee” means the fiduciary of any testamentary trust created herein.

III. OPERATIVE PROVISIONS

1. Payment of Debts & Expenses.
   a. I direct my Executor to pay or settle, from my Estate, all enforceable debts, expenses of last illness and burial, and estate administration costs, including taxes, except as otherwise provided by law.
   b. No Beneficiary shall be personally liable for such debts beyond the assets so received.

2. Nomination of Executor.
   a. Primary Executor: [PRIMARY EXECUTOR NAME] of [CITY, STATE].
   b. Alternate Executor: [ALTERNATE EXECUTOR NAME] of [CITY, STATE], to serve if the Primary is unwilling or unable.
   c. Bond. No bond shall be required of any Executor unless the court deems one necessary.
   d. Powers. Each qualified Executor shall have all powers of administration granted to executors and administrators under Miss. Code Ann. § 91-7-1 et seq. (including the powers to sell, lease, and manage estate property under Miss. Code Ann. §§ 91-7-171 through 91-7-197), the fiduciary investment powers granted under Miss. Code Ann. § 91-13-1 et seq., and any additional powers under common law necessary to administer my Estate.

3. Specific Bequests.
   a. Tangible Personal Property. I give my Tangible Personal Property to [BENEFICIARY NAME].
   b. Monetary Gifts. I give $[AMOUNT] to [BENEFICIARY NAME].
   c. Lapse. If a specific Beneficiary predeceases me, that gift shall lapse into the Residue unless expressly stated otherwise.

4. Residue. I give my Residue to [PRIMARY RESIDUARY BENEFICIARY]. If such person does not survive me, then to [CONTINGENT RESIDUARY BENEFICIARY].

5. Guardianship for Minor Children.
   a. Guardian. I nominate [GUARDIAN NAME] as guardian of the person and property of any minor child of mine.
   b. Alternate Guardian. [ALTERNATE GUARDIAN NAME].

6. Testamentary Trust for Minors.
   a. Creation. Any property passing to a Beneficiary under age twenty-one (21) shall be held in trust.
   b. Trustee. The Executor shall serve as initial Trustee, with [SUCCESSOR TRUSTEE] as successor.
   c. Termination. The trust shall terminate when the Beneficiary reaches age [AGE, e.g., 21], at which time the remaining corpus and accrued income shall be distributed outright.
   d. Spendthrift. Trust assets shall not be subject to the Beneficiary’s creditors while in trust.

7. Digital Assets. I authorize my Executor to access, manage, and dispose of all digital accounts, assets, and content in accordance with the Mississippi Revised Uniform Fiduciary Access to Digital Assets Act, Miss. Code Ann. § 91-23-1 et seq.

IV. REPRESENTATIONS & WARRANTIES

1. Testamentary Capacity. I affirm that I am of sound mind, over the age of eighteen (18), and acting voluntarily.
2. Marital Status. I am presently [MARRIED / SINGLE / WIDOWED / DIVORCED]. My spouse is [SPOUSE NAME].
3. Complete Disposition. I believe I have disposed of all my probate property by this Will.

V. COVENANTS & RESTRICTIONS

1. No-Contest Clause (In Terrorem). Any Beneficiary who, directly or indirectly, contests this Will or my Estate plan shall forfeit his or her interest, which shall pass as though that Beneficiary had predeceased me without issue; provided, however, that this forfeiture shall not apply to, and shall be of no effect against, any Beneficiary whose contest or challenge is brought and maintained in good faith and upon probable cause, as Mississippi law requires a good-faith-and-probable-cause exception to any forfeiture or in terrorem provision in a will. See Parker v. Benoist, 160 So. 3d 198, 205 (Miss. 2015).
2. Spendthrift Protection. Unless expressly provided, no Beneficiary shall assign, anticipate, or encumber any distribution prior to actual receipt.

VI. DEFAULT & REMEDIES

1. Contest or Breach. Violation of Section V.1 constitutes a default.
2. Remedies. The Executor or an interested person may request appropriate relief from the Chancery Court. This Will does not shift attorney fees to a contestant; Parker v. Benoist, 160 So. 3d 198, 212, 216 (Miss. 2015), rejects such a direction.

VII. RISK ALLOCATION

1. Proper Expenses. An Executor may receive reimbursement for reasonable, properly documented estate-administration expenses as allowed by this Will, court order, and applicable law. This is not a blanket indemnity for breach of fiduciary duty.
2. Statutory Liability. Fiduciary liability and available remedies are governed by applicable law; this Will does not cap liability at Estate or Trust assets.
3. No Contractual Immunity. Events beyond a fiduciary's control may be considered under the governing standard of care, but this Will creates no automatic immunity from fiduciary duties.

VIII. DISPUTE RESOLUTION

1. Chancery Court. Mississippi Constitution article 6, section 159 gives the Chancery Court jurisdiction over testamentary and administration matters.
2. No Mandatory Arbitration. This Will does not require any interested person to arbitrate a probate or estate dispute.
3. Injunctive Relief. The State Probate Court retains authority to grant temporary or permanent injunctive relief to preserve Estate assets or enforce this Will.
4. Jury Rights. This Will does not waive any jury-trial right available under applicable law.

IX. GENERAL PROVISIONS

1. Amendments. I may amend or revoke this Will only by a later-executed writing that satisfies Miss. Code Ann. § 91-5-1.
2. Severability. If any provision is held invalid, the remainder shall be enforced to the maximum lawful extent.
3. Headings. Headings are for convenience only and do not affect interpretation.
4. Integration. This document contains my entire testamentary intent except as may be set forth in any duly executed codicil.
5. Counterparts / Electronic Copies. This Will may be executed in multiple counterparts, each of which is an original. Photocopies or electronically stored images of this Will may be relied upon as though originals.

X. EXECUTION BLOCK

(Conforming to Miss. Code Ann. § 91-5-1)

A. Testator Signature

I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Will on the Effective Date stated above and, being first duly sworn, declare to the undersigned witnesses that I willingly sign and execute this instrument as my Last Will and Testament.

__________________________________
[TESTATOR SIGNATURE]
Testator

B. Witness Attestation

We, the undersigned witnesses, declare that (i) the Testator signed or acknowledged this Will in our presence, (ii) the Testator appears to be of sound mind and under no undue influence, and (iii) we now, at the Testator’s request and in the Testator’s presence and in the presence of each other, subscribe our names as witnesses.

C. Affidavits of Subscribing Witnesses

(Authorized by Miss. Code Ann. § 91-7-7; each affidavit must state the subscribing witness's address.)

State of Mississippi )
County of [COUNTY]) ss.

Before me, the undersigned authority, personally appeared [WITNESS #1 NAME] and [WITNESS #2 NAME], who, being duly sworn, declared that:

1. The Testator executed the Will as the Testator’s free and voluntary act for the purposes expressed therein;
2. The Witnesses each signed the Will in the presence of the Testator and of each other;
3. Witness 1's address is [WITNESS #1 ADDRESS];
4. Witness 2's address is [WITNESS #2 ADDRESS]; and
5. The Testator appeared to be eighteen years of age or older, of sound and disposing mind, and acting voluntarily.

__________________________________
[WITNESS #1 NAME], Affiant

__________________________________
[WITNESS #2 NAME], Affiant

IN WITNESS WHEREOF, I set my hand and official seal on this ___ day of [MONTH], [YEAR].

__________________________________
Notary Public, State of Mississippi
My Commission Expires: __________________

(Seal)