Many people decide to prepare their own wills instead of hiring an attorney. You may have heard that self-prepared wills need to be handwritten, rather than typed.  But are handwritten wills legal in Tennessee? While the simple answer is yes, there are some legal complexities to be aware of. Without following the right steps, your intentions may not hold up in the eyes of the law.

A handwritten will is valid in Tennessee if it is entirely in the testator’s handwriting, but there are some stipulations. Online wills are convenient, but they may be deemed unenforceable in a Tennessee probate court. Notarization is optional but adds evidentiary support. Hiring a probate lawyer for estate planning from Johnson, Murrell & Associates is recommended for a valid will.

What Is a Handwritten Will?

A handwritten will is a legal document where an individual outlines their last wishes and testament in their own handwriting. Why would someone do this, especially in the digital age when we hardly write anything by hand? The most common reason is to forgo the time and cost of a formal legal procedure.

Are Handwritten Wills Legal?

Tennessee recognizes handwritten wills entirely in the testator’s (the person making the will) handwriting. However, printed material or a typewritten portion could invalidate a holographic will. Consider it from the court’s point of view. How would a judge know that someone didn’t type something themselves and say it was from you? 

Online Wills: A Risky Endeavor

For that reason, using an online will preparation software can be problematic. There are several free websites and software tools available for creating wills, such as:

• LegalZoom 
• Rocket Lawyer
• DoYourOwnWill.com 

However, online wills can be risky due to the inherent complexities and potential legal pitfalls involved in estate planning. While they offer convenience and accessibility, they may not adequately address the complex legal requirements for wills. Legal systems vary, and online templates may not align with specific jurisdictional rules in Tennessee.

It’s strongly recommended to not rely solely on electronic wills because they may lack the necessary safeguards to ensure their validity. Physical signatures are often crucial in legal documentation, and electronic signatures might not be universally recognized or legally binding in all regions.

Emphasizing the importance of personally signing the document is crucial as it adds a layer of authentication and demonstrates the testator’s intent. In some jurisdictions, failure to adhere to specific signing formalities can lead to the will being contested or deemed invalid.

Users must exercise caution, ensuring that the will created complies with local laws. It should cover all necessary aspects to avoid potential disputes or challenges during probate. Consulting with a legal professional is the best way to make sure that this happens. The team at Johnson, Murrell & Associates is here to provide comprehensive and accurate estate planning.

Requirements for a Valid Will in Tennessee

A will must meet certain essential requirements to be legally binding in Tennessee. The testator must be at least 18 years old and of a sound mind. The will must be in writing and signed by the testator or someone else at their direction, and this signature should be made in the presence of at least two competent witnesses. These witnesses must also sign the will to attest to its validity. 

If the testator is unable to sign, they can acknowledge the signature in the presence of the witnesses. While notarization is not mandatory, having the will notarized can provide additional evidentiary support.

Adhering to these essential components ensures the proper execution and legality of a will under Tennessee law, providing clarity and enforceability in the distribution of the testator’s assets after their passing.

Reasons for a Will’s Invalidity

A will may be deemed invalid for several reasons in Tennessee. First, the will may be challenged if the testator lacked testamentary capacity at the time of creation. This could be due to factors like mental illness or undue influence. 

Another reason for invalidity could be if the will was not executed in accordance with Tennessee’s legal requirements. A will could be invalidated due to the absence of a proper witness or the testator’s signature. 

A will can also be rendered invalid in cases of:

• Fraud 
• Duress 
• Forgery 

Additionally, the discovery of a subsequent valid will may supersede any prior versions. 

Contesting a will on these grounds requires legal action. The outcomes depend on the specific circumstances surrounding the document’s creation and the testator’s mental state.

Notarization and Witness Requirements for Wills

In Tennessee, notarization and witness requirements are crucial aspects of ensuring the validity of a will. Notarization involves the testator appearing before a notary public to sign the document. This formal process helps prevent fraud and verifies the testator’s identity.

Tennessee law also mandates the presence of at least two witnesses during the signing of the will. Witnesses must be disinterested parties, meaning they are not beneficiaries, to ensure impartiality. Their role is to verify the testator’s mental capacity and the voluntary nature of the will. Following the testator’s signature, the witnesses must also sign the document in each other’s presence.

These notarization and witness requirements safeguard the testamentary process’s integrity. This promotes transparency and reduces the risk of disputes over the will’s validity.

Handling Multiple Wills and Disputes

Multiple wills and disputes involve careful consideration of legal complexities to ensure a smooth probate process. The importance of revoking and destroying previous wills can’t be overstated, as conflicting documents can lead to confusion and disputes. A clear, updated document helps avoid ambiguities, ensuring the testator’s most recent intentions are honored.

Addressing multiple wills in probate can be intricate. Courts typically prioritize the most recent valid will. However, challenges may arise if beneficiaries contest the authenticity or validity of documents. Disputes may also stem from inconsistencies between wills, necessitating a thorough examination of the testator’s intent. 

Efficiently navigating the complexities of multiple wills involves: 

• Meticulous documentation 
• Legal expertise
• Adherence to applicable laws 

Clear communication among beneficiaries and legal representatives is essential to minimize conflicts and ensure a fair distribution of assets. Ultimately, a well-managed process respects the deceased’s wishes and minimizes the emotional and financial toll on all parties involved.

Alternatives to Handwritten Wills

Alternatives to a handwritten will involve considering more reliable and legally sound options. While handwritten wills may be accepted in Tennessee, they often lack clarity and can lead to disputes. 

Hiring a probate lawyer from Johnson, Murrell & Associates is a better alternative. We ensure that your intentions are accurately documented, reducing the risk of legal complications. One of our probate lawyers can guide you through the intricacies of estate planning, helping to draft a comprehensive and legally valid will. This ensures that your wishes are clearly articulated, minimizing the likelihood of disputes among beneficiaries. 

Do you need legal help drafting your last will and testament? Contact us today to schedule your consultation!

At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.