A valid will serves as an important foundation for any effective estate plan. Because there are rules associated with what makes a will valid, it is essential when estate planning for estate planners to understand the requirements for a will to be valid in Tennessee.
A will sets out how the estate planner wants their property to be distributed. If there is a problem with the
will execution, and the will is not considered valid, the estate planner’s property may be distributed according to state laws and may have to go through the costly and time-consuming probate process. The way that state laws distribute the property may not be in keeping with the estate planner’s wishes which is why it is important to understand how to have a validly executed will as part of your estate plan.
In Tennessee, the requirements for a will to be valid include that the estate planner executing the will is over 18 and is of sound mind. In addition, two witnesses must sign the will for it to be valid. The estate planner must also sign the will in the presence of the two witnesses and attest that the will is theirs. Under some circumstances, an oral will may be valid in Tennessee and handwritten wills are considered valid in Tennessee as well. There are also witness requirements to a holographic, or handwritten, will.
A will is an important component of an estate plan that everyone should carefully consider. A validly executed will can provide peace of mind that family members will be taken care of and that property will be distributed how the estate planner wishes, making it essential to know how to properly draft and execute a valid will.