Who Can Witness a Will in Tennessee?

When it comes to creating a will in Tennessee, one of the key steps to making it legally valid is having it properly witnessed. 

You’ve taken the important step of deciding how you want your assets to be distributed after you’re gone, and having the right witnesses ensures that those wishes are carried out without complications. 

But who exactly can serve as a witness to a will in Tennessee? And what does the witnessing process look like? Let’s walk through everything you need to know.

Legal Requirements for Will Witnesses in Tennessee

First and foremost, Tennessee law is very clear about the basic requirements for will witnesses. To make sure your will is valid, you’ll need to have two witnesses who meet specific criteria.

1. Number of Witnesses

Tennessee law requires at least two witnesses to be present when the testator (the person making the will) signs the will. Having two witnesses is mandatory – no exceptions.

2. Age Requirement

Both witnesses must be at least 18 years old. The state wants to ensure that witnesses are legally adults and capable of understanding the importance of their role in the will signing process.

3. Mental Capacity

It’s not enough for witnesses to be of age; they must also be of sound mind. This means they need to fully understand the significance of their role in witnessing a legal document like a will.

4. Disinterested Witnesses

This is an important one. A “disinterested witness” means someone who isn’t named as a beneficiary in the will. If one of your witnesses is set to inherit something from your estate, that can create problems. 

Tennessee allows for an “interested witness” to sign. Still, they risk losing part of their inheritance—potentially forfeiting anything beyond what intestate laws (if no will existed) provide them. So, it’s best to choose witnesses who won’t benefit from your estate.

The Witnessing Process

Now that we know who can be a witness, let’s talk about what actually happens during the witnessing process.

Observation

Your witnesses must observe you, the testator, signing the will. Alternatively, if you’ve already signed the document, they need to see you acknowledge your signature and confirm that it’s your will. It’s all about ensuring that everything is done openly and without any hidden intentions.

Signing in Each Other’s Presence

Once the testator signs, both witnesses must sign the will as well, and all of this should happen in the presence of one another. In other words, everyone involved needs to be in the same room, at the same time, to avoid any questions about the legitimacy of the signatures later on.

Attestation Clause

An attestation clause is simply a statement at the end of the will where witnesses confirm that they saw the testator sign the document. It might seem like just a formality, but it’s a crucial step that helps strengthen the validity of the will and can protect it from challenges in probate.

Who Makes an Ideal Witness?

The question of who can witness a will in Tennessee goes beyond the legal requirements. You’ll want to choose people who are reliable, trustworthy, and impartial.

Ideal Witnesses

You might want to ask friends, colleagues, or neighbors to serve as witnesses. These people are likely to be impartial and have no interest in your estate.

You can also consider asking a paralegal or attorney from Foust & Foust, PLLC to step in as a witness if you’re looking for someone with more experience in these matters.

People to Avoid

It’s best to steer clear of anyone who stands to inherit something from your will, as we’ve discussed. You should also avoid naming minors, people with cognitive impairments, or even close family members, as they may complicate things if a will contest arises down the road.

Special Considerations

While the rules for witnessing a will are pretty straightforward, there are a few special considerations that might come up.

Electronic Signatures

In a recent Tennessee case, Taylor v. Holt, the court upheld the validity of electronic signatures in certain circumstances. 

While electronic wills are still not the norm, this ruling shows that the state is evolving with the times. If you’re considering an electronic signature, it’s a good idea to consult with a Foust & Foust, PLLC attorney to ensure everything is done by the book.

Notary Public

Tennessee doesn’t require wills to be notarized, but a notary can add a layer of protection. A notarized will is less likely to be contested, as the notary can verify the identities of the testator and the witnesses. 

At Foust & Foust, PLLC, we’re happy to provide notary services to add that extra layer of security.

Holographic Wills in Tennessee

Holographic wills, which are handwritten and don’t require witnesses, are also recognized in Tennessee. However, for a holographic will to be valid, it must be entirely in the testator’s handwriting and signed by them. 

While it might seem like an easy option, holographic wills can be more prone to challenges, so it’s wise to talk with an attorney to see if this type of will is right for you.

How Foust & Foust, PLLC Can Help You Prepare Your Will 

Choosing the right witnesses for your will is a crucial step in ensuring that your final wishes are carried out without any problems. 

Tennessee law sets clear guidelines for who can serve as a witness, but there are still nuances to consider. Whether you’re preparing a traditional will or exploring options like electronic or holographic wills, it’s always best to have legal guidance.

At Foust & Foust, PLLC, we’re here to help you navigate the will preparation and execution process. Call us today at (865) 203-4041 for a free consultation, or use our online contact form, and we’ll work together to ensure that your estate plan is rock-solid and ready to stand the test of time.