๐จ Don’t Let a Simple Mistake Invalidate Your Will: The Importance of Witness Addresses in Mississippi Estate Planning
When it comes to estate planning, details matter—and sometimes, one missing detail can destroy your entire plan.
In a recent decision by the Supreme Court of Mississippi, a will was ruled invalid simply because the addresses of the witnesses were missing from the affidavits attached to the will. The case, In re Estate of Autry, serves as a stark warning to anyone drafting or executing a will in Mississippi.
๐ The Law: What Does Mississippi Require?
Under Mississippi Code Annotated § 91-7-7, the execution of a will can be proven by affidavits from the subscribing witnesses. But here’s the key: those affidavits must include the addresses of each witness.
If this step is skipped, the will is not considered “duly authenticated” and may be thrown out entirely—no matter how clear the deceased’s intentions were.
❌ Real-World Consequence: Invalidation of the Will
In Estate of Autry (2025), the court rejected the will because the affidavits from the two witnesses lacked their addresses. The entire will was deemed invalid, potentially leaving the decedent's estate to be distributed according to Mississippi’s intestacy laws—which may not reflect their wishes at all.
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