What You Should Know About Contesting a Will in Tennessee
After a loved one passes away in Tennessee and leaves behind a will, the will must go through the probate process. Probate is a court-supervised process that ensures the deceased person’s estate is properly managed and distributed according to the terms of the will. In Tennessee, as in other states, individuals have the right to challenge a will if they believe it is invalid. However, will contests are not something to be taken lightly. If you are considering challenging the validity of a will, here is what you need to know about contesting a will in Tennessee.
What Does It Mean To Contest a Will?
A will contest arises when someone believes the will does not reflect the deceased’s true intentions. The contesting party asks the court to declare the will invalid (either partially or entirely).
In Tennessee, for a will to be considered valid, it must meet certain requirements. First, the document must be written (either typed or printed). Second, it must have the will maker’s signature. Third, Tennessee law requires wills to be signed by two witnesses who were present during the execution of the document. Finally, the testator must be at least 18 years of age and of sound mind.
Grounds for Contesting a Will in Tennessee
In Tennessee, you must allege specific legal grounds on which a will could be declared invalid. The following are some of the most common grounds for contesting a will in Tennessee;
- Undue Influence: This involves allegations that the deceased was coerced or manipulated into creating or altering their will.
- Lack of Testamentary Capacity: A person lacks testamentary capacity when they don’t understand the nature and extent of their property, their potential beneficiaries, and the act of making the will itself.
- Improper Execution: For example, if a will does not have witnesses’ signatures, this can be grounds for contesting it.
Who Can Contest a Will in Tennessee?
Not everyone is allowed to contest a will in Tennessee. Only people with “standing” can contest a will. Only an “interested person” with “standing” can file a will contest in Tennessee. An “interested person” is someone with a vested interest in the outcome of the will, meaning they have a legal or financial reason to be concerned about whether or not it is valid. Typically, this includes individuals like the estate’s beneficiaries, heirs, and creditors.
To contest a will, you must file a court petition stating your grounds for the objection. Then, you will proceed to civil discovery and negotiations. If an agreement cannot be reached, the case may go to trial. If the will is invalidated and no other valid will exists, the estate will be distributed under the state’s intestate succession laws. On the other hand, if the contest fails, the original document will proceed through probate.
Time Limit for Contesting a Will in Tennessee
It is crucial to act quickly when contesting a will, as there is a strict time limit for filing will contests. In general, you have two years to file your objection. You may lose your right to contest the will if you do not file your objection within this period. The countdown usually starts after the will has been admitted to probate.
Contact Our Knoxville Civil Litigation Lawyers
If you have questions or need help contesting a will, contact a skilled Knoxville civil litigation lawyer at Reynold, Atkins, Brezina, & Stewart, PLLC today.
