Full question:
My granny made a will and got it attested by two witnesses, of them being my brother-in-law. She has left him a portion of her property in her will. Can I challenge the validity of this will because an interested witness has attested it?
- Category: Wills and Estates
- Subcategory: Witnesses
- Date:
- State: Tennessee
Answer:
In general, a will must be attested by two witnesses who have no interest in it. However, a will is not automatically invalid just because an interested witness has signed it. If an interested witness attests the will, they can either have it signed by two other disinterested witnesses or forfeit the portions of the will that benefit them.
According to Tennessee law (Tenn. Code Ann. § 32-1-103), a will is not invalidated by the presence of an interested witness. However, if the will is only attested by an interested witness, that witness will lose any benefits exceeding what they would have received if the testator had died without a will. An interested witness is defined as someone who receives a personal and beneficial interest from the will.
Therefore, you likely cannot challenge the will's validity solely on the basis of an interested witness's signature.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.