Legal Information About Contesting Wills in Tennessee
A will must meet a state's requirements for validity to be entered for probate. In Tennessee, a testator must be a minimum of 18-years-old and have full mental capacity. He must voluntarily sign his will in front of two witnesses. If those requirements are not met or a beneficiary suspects other misconduct, he can contest the will in court.
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Standing
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Standing is the capacity to bring a lawsuit, or more specifically in this case, to contest a will. A person can contest a will only if he is a potential beneficiary. This means he must be named in the will or reasonably believe that he would have been if the will represented the testator's actual intent.
Reasons to Contest
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A beneficiary can contest a will if he believes it is the result of undue influence. This is common if a testator is frail or losing mental capacity and is easily manipulated, often by someone he trusts. General mental incapacity is also a reason to contest. If a testator is incompetent, does something out of the ordinary with his will and dies soon after, the court may find the will invalid.
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Results
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Contesting a will comes with risks. If a court disallows the will, it may accept an older will for probate or will distribute the estate according to Tennessee's intestacy laws. Intestate succession limits distribution to a spouse and children, unless there are none. This means that contesting a will does not guarantee a beneficiary the inheritance she is expecting.
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