Drafting a valid will can give a testator peace of mind. They can feel confident about the care of their minor children and the distribution of their property after they die.
The person drafting the will must be an adult who is of sound mind. They must make estate planning choices of their own volition and not due to the pressure of outside parties. Tennessee’s standards for wills also include a requirement for witnesses.
Does the testator drafting a will need to hire a notary to validate their identity and stamp their document?
Anyone can serve as a will witness
Having a notary witness a will signing is not a requirement in Tennessee. Testators can select any two competent adults to serve as their witnesses. Many people rely on neighbors or even their family members to serve as their witnesses. The law does not explicitly require disinterested witnesses, but selecting witnesses who do not stand to inherit from the estate is generally advisable for the limitation of future controversy.
A notary can play a role in establishing a self-proving affidavit in addition to a basic will. In such scenarios, witnesses may not need to testify about the document in the event of future disputes. However, a notary’s stamp is not necessary for a simple will to be valid in Tennessee.
Witnesses are important for affirming the identity of the testator and answering questions about influence from outside parties or a potential lack of capacity later in life. Their absence can lead to probate conflicts. Working with a lawyer can help Tennessee testators ensure that their wills and other estate planning documents meet all legal requirements.