M Civ JI 170.01 Will Contests: Defining Legal Names of Parties and Counsel

This case is a will contest. The person who presents the document, claiming it is the valid will of [ name of decedent ], the decedent, is called the proponent. The term “decedent” is used to refer to the person who is deceased. The proponent is [ state name and indicate where seated ]. The attorney for the proponent is [ state attorney’s name and indicate where seated ]. The person who contests the document, claiming it is not the valid will of [ name of decedent ], the decedent, is called the contestant. The contestant is [ state the contestant’s name and indicate where seated ]. The attorney for the contestant is [ state attorney’s name and indicate where seated ]. [ If any other persons are seated at the counsel table, identify them and describe their function ].

Note on Use

In will contest cases, this instruction should be substituted for M Civ JI 1.02.

History

M Civ JI 170.01 was added January 1984.