Is A Handwritten Will Legal in Tennessee?

Crafting a will is an essential step in making plans for the future, but is a handwritten will legal in Tennessee? Handwritten wills, or holographic wills, are legal in Tennessee but must meet certain conditions. Defying these terms and conditions can result in the will being challenged or even disallowed, leaving your property open to question.

Being aware of the Tennessee laws governing handwritten wills can ensure your wishes are followed without complications.

What Is a Handwritten (Holographic) Will?

A handwritten will or holographic will is one that is entirely composed and signed by the testator (the person who wrote the will) without witnesses present at the time of writing. Holographic wills are less formal than a typed or properly signed will, but under certain circumstances, they still count as a document and are subject to Tennessee statutes.

Such wills come up when someone is in need or simply cannot afford legal representation. They are recognized, but they must meet specific standards in order to avoid a disagreement or invalidation in court.

Is a Handwritten Will Legal in Tennessee?

Yes, handwritten wills are legal in Tennessee, provided they meet specific requirements. According to Tennessee law, the testator has to sign the entire will by hand. In contrast to conventional wills, holographic wills do not need witnesses to be executed.

Yet, at probate, two witnesses who are familiar with the testator’s writing will need to verify that it is genuine. If the will is not in accordance with these provisions, the will may be invalidated – hence the need for clarity and strict execution. A power of attorney lawyer can help ensure all legal requirements are met to prevent any issues during probate.

What Are the Risks of a Handwritten Will?

Wills written by hand are not illegal in Tennessee, but there are dangers. The will cannot be properly understood without explicit language or structure, and heirs may fight over it. Additionally, failure to satisfy any legal requirements (such as providing a signature or showing handwriting authenticity) could invalidate the will.

Holographic wills are also more prone to contestation, particularly if they were signed in opaque conditions. In order to mitigate such dangers, persons must ensure that the will is written properly and legally compliant.

How Do You Prove a Handwritten Will in Court?

In Tennessee, a handwritten will must be put through probate in order to become valid. The court needs evidence that the text is written in the testator’s own hand. This is usually accomplished by a pair of disinterested witnesses who can attest that the testator’s handwriting is authentic. A probate lawyer can assist in ensuring that the will meets all legal requirements and guide you through the probate process.

Such witnesses do not have to have witnessed the will being drafted, but they must be familiar with the testator’s style. Without such a confirmation, the court could invalidate the will, and the estate would be passed down under the intestacy law.

Should You Consult an Attorney for a Will?

Although a handwritten will may be valid, it is strongly advised to consult an attorney so that any omissions or complications do not arise. An experienced attorney can ensure that the will complies with Tennessee laws and describes your wishes to avoid disputes. They can also assist you in creating a formal will that is less likely to be challenged in court.

Professional advice offers reassurance that your property will be settled as intended, without your heirs being subjected to unnecessary litigation.

FAQs

Is a Handwritten Will Valid Without Witnesses in Tennessee?

Yes, a handwritten (holographic) will created without witnesses is valid in Tennessee. But in probate, the court wants two objective witnesses who can confirm the testator’s handwriting. These witnesses need not have witnessed the will being drawn but should attest to its veracity. Without this evidence, the court could invalidate the will, and the estate could be divided under Tennessee’s intestacy laws.

What Must Be Included in a Handwritten Will?

For a handwritten will to be valid, the testator must write and sign the will himself. The testator’s will should state precisely how they want to divide their property and contain essential information such as who should inherit, what the property is called, and how to divide it. The language shouldn’t be confusing. Handwritten wills are not formal documents, and omitting crucial details or ignoring legal guidelines might lead to contention or rejection at probate court.

Can a Handwritten Will Be Contested?

Yes, handwritten wills are contestable, especially if one doubts the testator’s sanity, authenticity, or undue influence. Handwritten wills are untested, making them susceptible to disagreement. Its validity can be challenged by beneficiaries or relatives who believe it is fraudulent or fabricated. In order to avoid contested claims, the testator should make clear instructions, include a signature, and be properly verified during probate. This is why it is highly advised to have an experienced attorney draft your will.

What Happens If a Handwritten Will Is Invalid?

In the event that a handwritten will is deemed invalid, the estate will be divided under Tennessee’s intestacy statutes. These statutes allocate assets to spouses, children, or parents in a certain hierarchy. This is not always what the testator wants. In order to avoid invalidation, the handwritten will needs to satisfy all of the law. It is advised to have the will drafted by an attorney and made legally binding in order to ensure your estate’s disposition is protected.

Contact Emmack Probate and Estate Law Group

Though holographic or handwritten wills are legal in Tennessee, they are subject to rigorous conditions for legal validity. Without careful consideration of detail – including handwriting, a signature, and the testimony of witnesses during probate – a handwritten will may be invalidated. This can leave your assets distributed under Tennessee’s intestacy statutes, regardless of what you want to happen.

Having a handwritten will is handy, but the dangers tend to outweigh the advantages. By working with a seasoned lawyer, you’ll be making a legally sound will that will minimize the chances of conflicts and ensure that your loved ones are being taken care of. If you need assistance in writing or evaluating your will, Emmack Probate and Estate Law Group can help. Give us a call today and request a consultation.