Will Contest Attorneys

What is a Will Contest?

A will contest is a legal challenge to the validity of a deceased person’s last will and testament. In Tennessee, only certain individuals have the right to bring this type of challenge. Generally, the person contesting the will must be an interested party, meaning someone who would be affected by the outcome of the case, such as a family member, heir at law, or beneficiary under a prior will. 

It is important to understand that a will contest is not simply about whether the will seems unfair. A person seeking to invalidate a will must prove that the document is legally invalid based on recognized legal grounds.  

When one of these legal grounds is proven, a court may determine that the will is not valid. 

In Tennessee, the process usually begins with the will first being admitted to probate by the court. At this stage, the court does not conduct a full investigation into whether the will is valid. Instead, the court determines whether the document appears to meet Tennessee’s basic legal requirements. 

In many cases, admitting a will to probate is relatively straightforward. If the will contains a self proving affidavit, which is a notarized statement signed by the testator and witnesses when the will was executed, the court can usually admit the will to probate without requiring the witnesses to testify. 

Once the will has been admitted to probate, a person with standing may file a will contest asking the court to determine whether the will is truly valid under Tennessee law. 

Common Reasons Wills Are Contested

Not every family disagreement leads to a will contest. Tennessee courts will only invalidate a will when there is evidence that the document was created under circumstances that violate the law. 

Most will contests in Tennessee fall into a few common categories. These cases typically involve questions about influence, mental capacity, fraud, or whether the will was executed correctly. 

Undue Influence 

Perhaps the most common ground for contesting a will is undue influence. This occurs when someone exerts pressure or manipulation over the person making the will so that the document reflects the influencer’s wishes rather than the testator’s true intentions. 

Undue influence often arises when a person in a position of trust gains control over an elderly or vulnerable individual. Examples may include: 

• a caregiver who becomes heavily involved in the person’s finances 
• a relative or friend who isolates the person from other family members 
• someone who participates in arranging or preparing the will and receives a large inheritance 

In these cases, courts look closely at the relationship between the parties and the surrounding circumstances to determine whether the will resulted from improper pressure. 

Fraud or Forgery 

Some will contests involve allegations that the will was created through fraud or forgery. 

Fraud may occur when someone intentionally misleads the testator in order to influence the contents of the will. For example, a person might provide false information to convince the testator to change their estate plan. 

Forgery, on the other hand, involves allegations that the document itself is not authentic. This could include claims that: 

• the testator’s signature was forged 
• pages were added or altered after the will was signed 
• the document presented to the court is not the true will 

These cases often require detailed evidence and may involve handwriting experts or other forensic testimony. 

Lack of Testamentary Capacity 

A will is only valid if the person creating it had testamentary capacity at the time the document was signed. In simple terms, the person must understand what they are doing when they create the will. 

Tennessee courts generally look at several factors when deciding whether a person had the mental ability to make a valid will. At the time the will was signed, the person must have been able to: 

• Understand that they were making a will. In other words, the person must have realized they were creating a document that would determine who receives their property after their death. 
• Have a general understanding of their property. The person does not need to know every detail, but they should understand the nature of the assets they own. 
• Understand how their property is being distributed. The person must comprehend who will receive their property under the will. 
• Recognize the people who would normally expect to inherit. This typically includes close family members such as a spouse or children. 

Will contests based on lack of capacity often arise when the person suffered from dementia, significant cognitive decline, or confusion near the time the will was executed. 

Improper Execution 

Tennessee law requires wills to be executed with certain formalities. If those legal requirements are not followed, the will may be declared invalid. 

Common execution problems may include: 

• the will not being properly signed 
• missing witnesses 
• both witnesses not present at the same time the will was executed 
• other failures to comply with statutory requirements 

Although execution challenges are less common than undue influence or capacity disputes, they can still arise when wills are prepared without legal guidance or when mistakes occur during the signing process. 

Understanding these grounds is essential before considering who may bring a will contest in Tennessee 

How Will Contests Work in Tennessee Courts 

Will contests follow a specific legal process in Tennessee. Although the dispute arises during probate, the contest itself becomes a separate lawsuit focused on whether the will is valid. 

Probate in Common Form and Solemn Form 

In Tennessee, a will may be admitted to probate in common form or solemn form. 

Most wills are admitted in common form. This allows the estate administration to begin without advance notice to all heirs and beneficiaries. Because notice is not required at the outset, Tennessee law allows a person with standing to later file a will contest within the time allowed by law. 

Probate in solemn form is different. In a solemn form probate, the court requires formal service upon interested parties and a hearing to establish the validity of the will. The subscribing witnesses typically testify about the execution of the will, even if no one initially objects. 

Because interested parties receive notice and an opportunity to challenge the will during a solemn form proceeding, a will that has been admitted to probate in solemn form cannot later be contested. The court’s judgment confirming the will is final and binding on all interested parties. As a practical matter, the only way to challenge a will after it has been admitted to probate in solemn form is to bring an action alleging fraud in the procurement of the judgment admitting the will into probate. 

For this reason, solemn form probate is sometimes used when the validity of a will is expected to be disputed or when the parties want certainty that the will cannot later be challenged. 

Filing the Will Contest 

A will contest begins after the will has been admitted to probate, whether in common or solemn form. A person who has standing may file a petition contesting the will in the probate court where the estate is being administered. 

The probate court’s role at this stage is limited. The court determines whether the person bringing the contest has the legal right to challenge the will. 

Transfer to a Trial Court 

If the probate court determines that the contestant has standing, the will contest is certified to a trial court for resolution. In Tennessee, the contestant may elect for the case to be heard in Circuit Court, Chancery Court, or another court of record with concurrent jurisdiction. 

At that point, the dispute over the validity of the will becomes separate from the probate administration and proceeds as civil litigation in the trial court. The trial court determines whether the document offered for probate is the valid last will and testament of the deceased. 

Meanwhile, the administration of the estate typically continues in the probate court, which remains responsible for overseeing the estate proceedings. 

Litigation and Trial 

Once the case reaches the trial court, the will contest proceeds like other civil lawsuits. The parties may conduct discovery, take depositions, and gather evidence relating to the circumstances surrounding the creation of the will. 

At trial, the initial burden is on the party offering the will to show that the will was properly executed under Tennessee law. Once that showing is made, the burden shifts to the contestant to prove that the will is invalid. 

Unless the parties waive the right to a jury, will contests in Tennessee are typically decided by a jury. However, in some cases the parties may choose to have the case decided by a judge instead. Whether a jury trial or a bench trial is preferred often depends on the specific facts of the case and the legal strategy of the attorneys involved. 

Time Limit for Contesting a Will 

Tennessee law also imposes a strict deadline. In most cases, a will contest must be filed within two years after the will is admitted to probate. 

If the contest is successful, the court may declare the will invalid. The estate may then be distributed under a prior valid will or according to Tennessee intestate succession laws if no earlier will exists. 

Evidence Used in Will Contest Cases 

Will contest cases are often decided based on the evidence surrounding how the will was created. Because these disputes usually involve questions about a person’s mental state or the influence of others, courts rely heavily on documents and witness testimony to determine what actually occurred. 

Several types of evidence commonly appear in Tennessee will contest cases. 

Witness Testimony 

The testimony of witnesses who were present when the will was signed can be important. These witnesses may be asked about the testator’s mental condition, whether the testator appeared to understand the document, and whether anyone else was present or involved in the execution of the will. 

Family members, caregivers, and other individuals who interacted with the testator near the time the will was created may also testify about the testator’s behavior, memory, and overall condition. 

Testimony of the Drafting Attorney 

In many cases, the attorney who prepared the will becomes an important witness. The drafting estate planning attorney may be asked to explain: 

• how the will was prepared 
• who contacted the attorney about creating the will 
• who was in the room at the time of signing 
• whether there were signs of undue influence 
• whether the testator appeared to understand the estate plan being created 

Because the drafting attorney is often called as a witness, that attorney typically cannot represent either side in the will contest litigation. In most cases, the drafting attorney becomes a central witness regarding the preparation and execution of the will and is often called to testify about the testator’s capacity and the circumstances surrounding the signing of the document. 

When a Will Is Prepared Without Legal Guidance 

In some cases, the will may have been created using an online service or template rather than with the assistance of an attorney or other professional trained in the preparation and execution of wills. When that occurs, there may be no knowledgeable witness available to explain how the will was prepared or whether the proper signing formalities were followed. Because testimony about the circumstances surrounding the execution of a will can be important in a will contest, the absence of a knowledgeable witness can become a significant issue when courts are asked to determine whether the will is valid. 

Medical Records 

Medical records can play a major role in cases involving allegations of lack of testamentary capacity. These records may show diagnoses such as dementia, cognitive impairment, or other medical conditions affecting the testator’s mental abilities. 

Doctors, nurses, psychologists, or other medical professionals may also testify about the testator’s mental condition around the time the will was executed. 

Financial Records 

Financial records may also be examined, especially in cases involving allegations of undue influence. Evidence showing that a person gained control over the testator’s finances or benefited financially before the will was changed may become relevant. 

These records can help courts understand the relationships between the parties and whether unusual financial activity occurred. 

Communications and Other Documents 

Emails, letters, text messages, and other communications may also become evidence in a will contest. These documents can sometimes show pressure, manipulation, or discussions about changing a will. 

In many cases, the court must review a combination of documents, testimony, and other evidence to determine whether the will truly reflects the testator’s wishes. 

Possible Outcomes of a Will Contest 

After hearing the evidence, the court or jury must determine whether the document offered for probate is the valid last will and testament of the deceased person. Several outcomes are possible depending on the evidence presented during the case. 

The Will Is Upheld 

In many will contest cases, the court ultimately determines that the will was properly executed and reflects the true intentions of the person who created it. When this occurs, the will remains valid and the estate continues to be administered according to its terms. 

The Will Is Declared Invalid 

If the court determines that the will was the result of undue influence, lack of testamentary capacity, fraud, or improper execution, the will may be declared invalid. When this happens, the will is treated as though it never existed. 

A Prior Will May Control the Estate 

If an earlier valid will exists, the court may enforce that prior will instead. In this situation, the estate will be distributed according to the terms of the earlier document. 

The Estate May Pass Under Intestate Succession 

If the contested will is declared invalid and no earlier valid will exists, the estate will be distributed according to Tennessee’s intestate succession laws. These laws determine who inherits property when a person dies without a valid will. 

Because these outcomes can significantly affect how an estate is distributed, will contests often involve substantial financial stakes and complex family dynamics. 

Learn More About Will Contests in Tennessee

• How Will Contests Work in Tennessee: Process, Deadlines, and What to Expect
• How Long Do You Have to Contest a Will in Tennessee?
• Who Can Contest a Will in Tennessee? Standing Explained
• Undue Influence in Tennessee Will Contests: How Courts Decide if a Will is Invalid
• Lack of Capacity in Tennessee Will Contests: How Courts Decide if a Testator Was Competent