Find Out What Legal Options Are Available To You 615-988-4106 Contact Us

The primary reasons to contest a will

Just because a Tennessee resident appears to have signed and dated a will, it does not mean that the will is going to be valid. There are a lot of rules and regulations that go into the validation of a will, and there are many ways that such a document could be contested in court. Following are some of the primary reasons for contesting a will:

Lack of testamentary capacity: The primary factor in having "testamentary capacity." That refers to the legal grounds to draft and file a will, Was the person 18 years old at the time that he or she drafted the will in question? If the answer is yes, testamentary capacity is likely to exist. However, the adult might not have testamentary capacity if he or she was not mentally sound enough to understand the will in question at the time it was executed. In this respect, an individual could lose testamentary capacity if he or she was suffering from insanity, dementia, senility or some other condition that renders him or her mentally incapacitated.

Forgery, fraud and coercion: A will might also be invalidated if Tennessee authorities determine that it was a fraud, that it was born out of forgery or the testator was forced to sign and agree to it due to coercion.

A previous will is more accurate: If the first will gets invalidated for any reason, the previous will could end up superseding it.

Lack of appropriate witnesses: Usually, states require that two witnesses be present at the moment of signing the will. That's the requirement in Tennessee. However, some states require three witnesses are required. These witnesses must not be beneficiaries of the will. Lacking such witnesses would render the document much more vulnerable to being challenged.

These are four the most common reasons for a will contestation, but they are not the only reasons why wills get invalidated by Tennessee courts. If you suspect that your loved one's will is invalid, you might want to investigate your legal rights and options for challenging the document in court.

No Comments

Leave a comment
Comment Information

When you need legal help, we are here for you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Office Location

Mary C. LaGrone
234 4th Avenue North, Suite 300
Nashville, TN 37219

Phone: 615-988-4106
Fax: (615) 242-6750
Nashville Law Office Map

Map & Directions