Wills

What is a Will and when is it effective?

A will is a legal document containing your wishes as to the distribution of your real and personal property after you pass away. It must be properly signed and witnessed. A person must have “legal capacity” to make a will.

What Happens If You Do Not Have a Will?

If you die without executing a will, Tennessee law will govern how your property is distributed.

• If you are married and without children at your death, your estate will pass entirely to your surviving spouse.
• If you are married and have children, your estate will pass to your children and your surviving spouse.
• If you are unmarried but have children, your estate will pass entirely to your children.
• If you are unmarried and without children, your estate will pass to your parents if they survive you, otherwise to your brothers and sisters.
• Ultimately, if no family member is ascertained, the estate will pass to the State of Tennessee.

What Should Be Included In a Will?

Generally, your will should (at a minimum):

• Describe your immediate family with names and current residence;
• appoint a Personal Representative (sometimes called an Executor or Executrix);
• appoint a Trustee, if applicable;
• appoint a Successor Personal Representative, Trustee and Guardian in the event the first person is unable to serve;
• provide for how you want your real and personal property to be distributed;
• appoint a guardian for your minor or incompetent children to ensure their well-being;
• include a trust for minor children or grandchildren;
• include a trust for tax planning, if applicable;
• include provisions regarding bond, inventory, reports and settlements;
• include an Affidavit of Attestation.

Is a Handwritten Will Legal?

Yes. A handwritten will is legal in Tennessee, provided that the document is entirely in your own handwriting and is signed by you. This is known as a "Holographic Will." Following your death, the authenticity of your handwriting must be proven by two (2) individuals.

A will is a very technical document. While a handwritten will may work well for you, there is a high likelihood that it may not work well for you. It is strongly recommended that a will be prepared by an attorney who has experience in this area of law. If your will is invalidated at your death for whatever reason, Tennessee law will govern how your property is distributed as if you had died without a will.