Last updated: 4/13/2015
200.01B. Will Contest-Issues Made by the Pleadings-Partial Invalidity Claimed
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Description
200.01B Will Contest--Issues Made by the Pleadings--Partial Invalidity Claimed The plaintiff, [name of plaintiff], claims that [designation of provision, quote, paraphrase or describe challenged provision], is not valid because: [Set forth in simple form, without undue emphasis or repetition, those alleged grounds of invalidity which are supported by the evidence.] [The plaintiff further claims that the remaining provisions of the will are valid because they carry out [name of decedent]'s overall testamentary intent and scheme.] The defendant, [name of defendant], denies that the challenged provision is invalid and agrees that the remaining provisions of the will are valid [but contends that if such provision is invalid then the entire will is invalid because the remaining provisions do not carry out [name of decedent]'s overall testamentary intent and scheme]. You are to determine by your verdict whether the challenged provision is valid [and, if it is not, whether the remaining provisions of the document are the valid last will of [name of decedent]].