Mo. Rev. Stat. » Chapter 474
Missouri Revised Statutes

Mo. Rev. Stat. § 474.310 (2026)

Who may make will

✓ current as of May 2026
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  474.310.  Who may make will. — Any person of sound mind, eighteen years of age or older or any minor emancipated by adjudication, marriage or entry into active military duty into the military may by last will devise his or her real or personal property and may also devise the whole or any part of his or her body to any college, university, licensed hospital or to the state anatomical board for use in the manner expressly provided by his or her will or otherwise.

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(L. 1955 p. 385 § 261, A.L. 1999 H.B. 136 merged with S.B. 271)

Notes of Decisions
Cited in 6 cases, 1983–2014 · leading case: Richard E. Ivie, Jimmie R. Ivie, LaDonna Small, & Bernard Ivie v. Arnold L. Smith & Sidney B. Smith, 439 S.W.3d 189 (Mo. 2014).
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Richard E. Ivie, Jimmie R. Ivie, LaDonna Small, & Bernard Ivie v. Arnold L. Smith & Sidney B. Smith, 439 S.W.3d 189 (Mo. 2014). · cites it 3× “Section 474.310, RSMo 2000. A person is of sound mind if he or she (1) understands the ordinary affairs of life, (2) understands the nature and extent of his or her property, (3) knows the persons who are the natural objects of his or her bounty, and (4) understands that, by…”
State v. Andrews, 329 S.W.3d 369 (Mo. 2011). · cites it 4× “090 (must be 18 to enter into a marriage contract without parental consent); section 474.310 (must be 18 to make a will); and section 494.”
State Ex Rel. Simmons v. Roper, 112 S.W.3d 397 (Mo. 2003). · cites it 4× “060 (age one can obtain a driving license); section 474.310 (must be 18 to make a will); and section 494.”
Burke v. Kehr, 826 S.W.2d 855 (Mo. Ct. App. 1992). · cites it 7× “(See § 474.310 which provides that: “Any person of sound mind, eighteen years of age or older may by last will devise his real or personal property .”
City of Carthage v. United Missouri Bank of Kansas City, N.A., 873 S.W.2d 610 (Mo. Ct. App. 1994). · cites it 6× “DEVISABILITY Under § 474.310, “Any person of sound mind, eighteen years of age or older may by last will devise his real or personal property_” This statute governed Gordon Parsons’ devise of his real property upon his death in 1980.”
Lorch v. Mercantile Trust Co. Nat. Ass'n, 651 S.W.2d 540 (Mo. Ct. App. 1983). · cites it 2× “Appellant correctly notes that pour-overs may be validated on one of four grounds: (1) compliance with the statute of wills, § 474.310 RSMo.1978; (2) incorporation by reference; (3) express statutory enactment; or (4) independent significance.”
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