What the rule says
Tennessee provides two pathways to a valid will:
Attested wills (Tenn. Code Ann. § 32-1-104)
A valid Tennessee attested will requires:
1. A writing. The will must be in writing. 2. The testator's signature. The testator must sign the will, or another may sign at the testator's direction in the testator's presence. 3. Two competent witnesses. Two witnesses must sign the will in the testator's presence after the testator signs or acknowledges the signature.
Tennessee requires witnesses to sign in the testator's presence — a stricter requirement than UPC states (like Massachusetts and Michigan, which allow witnesses to sign within a reasonable time).
Holographic wills (Tenn. Code Ann. § 32-1-105)
A Tennessee holographic will is valid if:
1. Entirely in the testator's handwriting. The will must be wholly handwritten by the testator. 2. Signed. The testator's signature is required. 3. Found among the testator's valuable papers, or in custody of a person trusted with such papers. Similar evidentiary requirement to North Carolina's holographic will rule.
The "found among valuable papers" or "trusted custody" requirement provides evidence that the testator regarded the document as a will rather than a draft.
Self-proving affidavits
Under Tenn. Code Ann. § 32-2-110, a will accompanied by a self-proving affidavit signed before a notary at execution can be admitted to probate without requiring witness testimony.
What you can do about it
For a Tennessee attested will:
- Have the testator and at least two disinterested witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. Tennessee Code § 32-1-103 addresses witness-beneficiary issues with potential gift voidance.
For a Tennessee holographic will:
- Write the entire substantive document in the testator's handwriting. - Sign the document. - Express testamentary intent. - Store among valuable papers to satisfy the custody requirement.
Who this affects most
Tennessee's framework provides flexibility through both attested and holographic options. Attested wills with self-proving affidavits remain the most reliable approach for most estate planning, while holographic wills serve as a backup for emergency or interim instruments.