Section 20.21 Instructions

• Library: Estate Administration 2014 Supp

B. (§20.21) Instructions

As discussed in §§20.11–20.19 above, the discovery-of-assets action is a procedural vehicle. The underlying cause of action—i.e., fraud, undue influence, mistake, incapacity—is determinative of the instructions required. Likewise, the burden of proof required for a given cause of action must be defined. Whatever the underlying cause of action pled, the “verdict director must tell the jury each ultimate fact which must be determined in order for the jury to return its verdict.” In re Estate of Mitchell, 610 S.W.2d 681, 685 (Mo. App. E.D. 1980). Great care should be taken to craft a verdict director to include all ultimate facts necessary to properly set forth the elements of the claim. Commonly used instructions, which may be found in Missouri Approved Jury Instructions...