Adults drafting wills in Tennessee don’t just need to sign their documents. They also have to secure the signature of at least two other competent witnesses. The law goes so far as to impose consequences if a testator does not have at least two disinterested witnesses sign a will.
The people validating the testator’s identity and mental state typically should not be beneficiaries who inherit from the estate. Why does the law restrict who can sign as a witness?
To prevent fraud and undue influence
The more resources an individual accumulates, the greater the incentive for others to try to secure an unfair portion of their estate. Some people threaten or pressure testators into leaving them a sizable inheritance. Those people might then insist on acting as witnesses to the will signing, potentially compromising the credibility of the instrument.
As such, state statutes require two disinterested witnesses in addition to the beneficiary who signs as a witness. Without those disinterested witnesses, the beneficiary who acted as a witness could lose a portion of their inheritance.
The state does not fully disinherit an interested party who acts as a witness. Instead, they reduce what they receive from the estate to align with what the law allocates to them in an intestate succession scenario. People who want to ensure that their intended beneficiaries receive their full inheritances likely need to arrange for someone other than their beneficiaries to act as witnesses to the will signing.
Knowing what the law requires during the state planning can help people draft valid, enforceable wills. Testators who meet witness requirements ultimately have more control over the legacy that they leave when they die.