What is a Will Contest? Grounds and Procedure in Tennessee

Losing a loved one is always difficult and disputes over their final wishes can add to the emotional burden.

A will contest arises when disagreements occur about the validity of a deceased person’s will, often leading to legal challenges that must be resolved in probate court.

At Foust & Foust, PLLC, we understand that estate planning is about more than distributing assets—it’s about protecting your family’s future and honoring your legacy.

While careful planning can prevent many conflicts, will contests can still happen. Understanding the process and grounds for contesting a will in Tennessee is essential for anyone facing this situation.

What is a Will Contest?

A will contest is a legal challenge to the validity of a deceased person’s will. It typically arises when someone believes the will doesn’t reflect the true intentions of the person who made it.

This could be due to concerns about the person’s mental state, the circumstances under which the will was created, or the way it was executed.

In Tennessee, will contests are filed in probate court and can involve everything from formal trials to negotiations between family members.

While no one wants to end up in this situation, understanding the grounds for contesting a will and the steps involved can help if you find yourself in this position.

Grounds for Contesting a Will in Tennessee

There are specific reasons or “grounds” that can be used to contest a will in Tennessee. Each has its own legal standards and evidence requirements.

1. Lack of Testamentary Capacity

For a will to be valid in Tennessee, the person creating it (known as the testator) must have the mental ability to understand:

  1. That they’re creating a will and what that means.
  2. The nature and extent of their property.
  3. The people who would normally inherit from them (like family members).
  4. How their assets are being divided.

If someone can prove that the testator lacked this understanding when the will was signed—due to conditions like dementia, mental illness, or extreme intoxication—the will may be invalidated.

Evidence like medical records, testimony from doctors or caregivers, and even statements from friends or family members can support this claim.

2. Undue Influence

Undue influence happens when someone pressures the testator to make decisions they wouldn’t have made on their own. This often involves manipulation or control, typically by someone close to the testator like a caregiver or family member.

Red flags for undue influence include:

  • A sudden change to the will that benefits one person disproportionately.
  • The testator’s isolation from family and friends.
  • The person influencing the will’s creation being overly involved in the process.

Courts take these cases seriously because undue influence undermines the testator’s free will.

3. Fraud

Fraud occurs when someone intentionally deceives the testator into creating or signing a will that doesn’t reflect their true intentions. This might involve forging signatures, lying about the contents of the will, or substituting a fake document.

For example, if someone tricked the testator into signing a will by telling them it was something else, that will could be challenged on the grounds of fraud.

4. Duress

Duress involves threats or coercion to force the testator to create or change a will.

Unlike undue influence, which can be more subtle, duress typically involves overt threats—like blackmail or threats of harm. If it can be proven that the testator signed the will under duress, the court may invalidate it.

5. Improper Execution

Tennessee has strict requirements for how a will must be created to be valid. For instance, a will must:

If any of these steps are missed, the will might be contested for improper execution.

6. Revocation

Sometimes, a testator intentionally revokes a will by creating a new one, physically destroying the old one, or including a written revocation. If an old will is mistakenly used in probate, a contest could arise to prove it was no longer valid.

How to Contest a Will in Tennessee: A Step-by-Step Guide

Contesting a will is a legal process that follows specific steps. Understanding these steps can make it easier to decide whether pursuing a will contest is the right course of action.

1. Standing to Contest.

First, only certain people have the legal right (or “standing”) to contest a will. These include:

  • Heirs who would inherit under Tennessee’s intestacy laws if there were no will.
  • Beneficiaries named in the contested will or a prior will.

For example, if a child is excluded from a parent’s will, they may have standing to contest it.

2. Time Limit.

In Tennessee, you must contest a will within two years of it being admitted to probate. Missing this deadline can prevent you from challenging the will at all.

3. File the Contest.

To initiate a will contest, you’ll need to:

  1. File a written objection when the will is submitted to probate, or
  2. File a verified complaint after the will has been admitted.

This paperwork explains your reasons for challenging the will and begins the legal process.

4. Bond Requirement.

In Tennessee, the person contesting the will must post a bond (currently $500) to cover court costs if the contest is unsuccessful. This bond is meant to discourage frivolous lawsuits.

5. Trial.

If the case proceeds, it will go to trial in the probate court of the county where the will was filed. Both sides present evidence, such as witness testimony, medical records, or the will itself.

The burden of proof typically shifts during the trial:

  • The person presenting the will must prove it was properly executed.
  • Once this is established, the contestant must prove why the will should be invalidated.

Facing a Will Contest? We’re Here to Help

Will contests are emotional and complex, but you don’t have to go through the process alone. At Foust & Foust, PLLC, we have the experience and dedication to help you protect your loved one’s legacy.

If you’re involved in or considering a will contest, call us today at (865) 203-4041 for a consultation. We’re here to guide you every step of the way, ensuring your loved one’s true intentions are honored.

Let us help you bring clarity and resolution to this challenging time.

Neva Foust is a Knoxville-based probate and elder law attorney with a distinctive blend of legal expertise and financial insight as a Certified Public Accountant. She specializes in guiding families through estate administration and elder law matters, combining legal precision with financial acumen to deliver comprehensive solutions. A compassionate and attentive advocate, Neva focuses solely on probate and elder law, ensuring personalized, tailored services. She earned her J.D., Magna Cum Laude, and MBA from Lincoln Memorial University and holds a CPA certification. Neva is a member of the Tennessee and Knoxville Bar Associations, recognized for her professionalism and dedication.

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