House Bill 637

AN ACT TO AMEND SECTION 91-5-1, MISSISSIPPI CODE OF 1972, TO REQUIRE HOLOGRAPHIC WILLS EXECUTED IN A HOSPITAL SETTING TO BE ATTESTED BY A CHAPLAIN; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 91-5-1, Mississippi Code of 1972, is amended as follows:

91-5-1. Every person eighteen (18) years of age or older, being of sound and disposing mind, shall have power, by last will and testament, or codicil in writing, to devise all the estate, right, title and interest in possession, reversion, or remainder, which he or she hath, or at the time of his or her death shall have, of, in, or to lands, tenements, hereditaments, or annuities, or rents charged upon or issuing out of them, or goods and chattels, and personal estate of any description whatever, provided such last will and testament, or codicil, be signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction. Moreover, if not wholly written and subscribed by himself or herself, it shall be attested by two (2) or more credible witnesses in the presence of the testator or testatrix. A last will and testament which is wholly written and subscribed by the testator or testatrix and which is executed in a hospital or health care provider setting must be attested by the chaplain of such hospital or health care provider.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.