Legal Question in Wills and Trusts in Tennessee

Holographic Wills in Tennessee

If someone wrote a holographic will but did not tell anybody about it (including their surviving spouse of 2 1/2 yrs.), would it be legal in the state of Tenn.? The surviving spouse said there was no will, then approx. 1 week after her husbands death, she claimed to have found a handwritten will that was written on 5 post it notes and supposedly signed by the deceased spouse (with no witnesses). Would this be legal if 2 people sign affidavits claiming they can identify the deceased persons handwriting? What would be the chance of this will holding up in probate? The handwritten will also has some blanks left in it (unfinished).


Asked on 9/16/05, 11:21 pm

1 Answer from Attorneys
Autry Jones Jones & Landers, Attorneys At Law

Re: Holographic Wills in Tennessee

A holographic (handwritten) will allows one to dispose of certain property without the need of witnesses if the testators signature is proven by at least two witnesses. However, the will cannot dispose of all property. So, even though a person may have a holographic will, there is still the likelihood of other property passing intestate. There is a change that this will could be found valid if it meets all of the other criteria.

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Answered on 9/22/05, 10:09 pm


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