H. B. No. 157
*HR03/R199*
G1/210/HR03/R199PAGE 1
(CJR\LH)
To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2010 By: Representative Moak HOUSE BILL NO. 157 AN ACT TO CREATE THE INTERNATIONAL WILLS ACT; TO DEFINE1CERTAIN TERMS; TO PROVIDE FOR THE VALIDITY OF INTERNATIONAL WILLS;2TO SPECIFY REQUIREMENTS OF INTERNATIONAL WILLS; TO PROVIDE POINTS3OF FORM OF SUCH WILLS; TO REQUIRE A CERTIFICATE FOR SUCH WILLS AND4THE EFFECT OF SUCH CERTIFICATE; TO PROVIDE FOR REVOCATION; TO5PROVIDE THAT PERSONS ADMITTED TO PRACTICE LAW IN THIS STATE ARE6AUTHORIZED PERSONS UNDER THIS ACT; TO PROVIDE AN INTERNATIONAL7WILLS REGISTRY; TO AMEND SECTION 91-5-1, MISSISSIPPI CODE OF 1972,8IN CONFORMITY; AND FOR RELATED PURPOSES.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:10
SECTION 1.
In this act:11(1) "International will" means a will executed in conformity12with Sections 2 through 5 of this act.13(2) "Authorized person" and "person authorized to act in14connection with international wills" mean a person who by Section159 of this act, or by the laws of the United States including16members of the diplomatic and consular service of the United17States designated by Foreign Service Regulations, is empowered to18supervise the execution of international wills.19
SECTION 2.
(a) A will is valid as regards form,20irrespective particularly of the place where it is made, of the21location of the assets and of the nationality, domicile, or22residence of the testator, if it is made in the form of an23international will complying with the requirements of this act.24(b) The invalidity of the will as an international will does25not affect its formal validity as a will of another kind.26(c) This act does not apply to the form of testamentary27dispositions made by two (2) or more persons in one instrument.28
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SECTION 3.
(a) The will must be made in writing. It need29not be written by the testator himself. It may be written in any30language, by hand or by any other means.31(b) The testator shall declare in the presence of two (2)32witnesses and of a person authorized to act in connection with33international wills that the document is his will and that he34knows the contents thereof. The testator need not inform the35witnesses, or the authorized person, of the contents of the will.36(c) In the presence of the witnesses, and of the authorized37person, the testator shall sign the will or, if he has previously38signed it, shall acknowledge his signature.39(d) If the testator is unable to sign, the absence of his40signature does not affect the validity of the international will41if the testator indicates the reason for his inability to sign and42the authorized person makes note thereof on the will. In that43case, it is permissible for any other person present, including44the authorized person or one of the witnesses, at the direction of45the testator, to sign the testator's name for him, if the46authorized person makes note of this on the will, but it is not47required that any person sign the testator's name for him.48(e) The witnesses and the authorized person shall there and49then attest the will by signing in the presence of the testator.50
SECTION 4.
(a) The signatures must be placed at the end of51the will. If the will consists of several sheets, each sheet must52be signed by the testator or, if he is unable to sign, by the53person signing on his behalf or, if there is no such person, by54the authorized person. In addition, each sheet must be numbered.55(b) The date of the will must be the date of its signature56by the authorized person. That date must be noted at the end of57the will by the authorized person.58(c) The authorized person shall ask the testator whether he59wishes to make a declaration concerning the safekeeping of his60will. If so and at the express request of the testator, the place61
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where he intends to have his will kept must be mentioned in the62certificate provided for in Section 5 of this act.63(d) A will executed in compliance with Section 3 of this act64is not invalid merely because it does not comply with this65section.66
SECTION 5.
The authorized person shall attach to the will a67certificate to be signed by him establishing that the requirements68of this act for valid execution of an international will have been69fulfilled. The authorized person shall keep a copy of the70certificate and deliver another to the testator. The certificate71must be substantially in the following form:72CERTIFICATE73(Convention of October 26, 1973)741. I, _______________________ (name, address and capacity),75a person authorized to act in connection with international wills.762. Certify that on ___________ (date) at ______________77(place).783. (Testator) ____________________ (name, address, date and79place of birth) in my presence and that of the witnesses.804. (a) ______________________ (name, address, date and place81of birth).82(b) ______________________ (name, address, date and83place of birth) has declared that the attached document is his84will and that he knows the contents thereof.855. I furthermore certify that:866. (a) In my presence and in that of the witnesses:87(1) The testator has signed the will or has88acknowledged his signature previously affixed;89(2) Following a declaration of the testator stating90that he was unable to sign his will for the following reason91______________________, I have mentioned this declaration on the92will and the signature has been affixed by ____________________93(name and address);94
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