What Are the Requirements for a Valid Tennessee Will?

There are many reasons why responsible adults should draft a will, regardless of their personal wealth. Every person deserves to decide how the assets they’ve accumulated should be distributed, rather than leaving a legacy that is wholly determined by Tennessee’s intestacy laws. Unfortunately, even people who take the time to draw up a last will and testament might not have their intentions honored if they fail to comply with the applicable statutory provisions. 

For a will to serve its intended purpose, it must meet the following requirements set forth in state law: 

• A competent adult testator
• A written instrument that is typed or printed
• The signature of the testator or an agent acting on their behalf
• The signature of two witnesses
• Appropriate testamentary language

Audio and video recordings cannot serve as wills in Tennessee. Electronic or digital wills are also not valid testamentary instruments under current Tennessee law. Although other states have adopted systems that allow for digital will signings and electronic documents, physical paperwork is necessary for the courts to recognize a will in Tennessee.

Additionally, if the testator creates a holographic or handwritten will, it must be entirely in their own handwriting, and at least two other people must be able to recognize their handwriting. Oral (nuncupative) wills are typically only an option in cases where a testator’s death is imminent. The testator must declare their intentions in front of two witnesses, and one of the witnesses must commit the terms to writing within the following 30 days.

Physically signing the will helps validate that it is the legitimate product of a voluntary decision to establish testamentary instructions, not the result of coercion or threats. Signing also helps validate the identity of the testator, which aligns with the need for witness signatures.

The two adult witnesses must be competent, and should be disinterested parties, meaning that they do not stand to inherit from the estate. This helps avoid any questions regarding undue influence or coercion. However, the use of interested witnesses does not automatically invalidate an otherwise valid will. The witnesses must sign the document in one another’s presence. They may later need to testify about the mental state and identity of the testator if there are questions about the will’s validity.

Meeting with a qualified estate planning attorney can help ensure that your will is enforceable when the time comes. The Collierville Law Firm assists West Tennessee with the creation of wills and other estate planning documents. To discuss your particular estate planning needs, please call 901-614-0318 or contact us online.