If a will was attested by an interested witness, can the will be held invalid?

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: 04/07/2025
• State: Tennessee

Answer:

Generally, a will has to be attested by two witnesses who have no interest in the will. However, a will may not be invalidated solely on the grounds that it was attested by an interest witness. If an interested witness has signed the will, he may either get the will signed by two other disinherited witnesses or the interested witness may forfeit those provision which provide for his interest in the will. The relevant statutory provision in this regard is mentioned below.

Tenn. Code Ann. § 32-1-103 reads:
 

“(a) Any person competent to be a witness generally in this state may act as attesting witness to a will.
 
(b) No will is invalidated because attested by an interested witness, but any interested witness shall, unless the will is also attested by two (2) disinterested witnesses, forfeit so much of the provisions therein made for the interested witness as in the aggregate exceeds in value, as of the date of the testator's death, what the interested witness would have received had the testator died intestate.
 
(c) No attesting witness is interested unless the will gives to the attesting witness some personal and beneficial interest.”

 
Thus, you may not be able to challenge the validity of the will solely on the ground that an interested witness signed it.