Estate planning is crucial to ensure that your wishes are carried out after your death. However, even with a will in place, probate courts in Tennessee have the power to challenge the validity of that will.
Grounds for challenging a will in Tennessee
In Tennessee, several factors may lead to a will being contested. A common reason is that the person who created the will (the testator) lacked the mental capacity to make decisions at the time of writing. For a will to be valid, the testator must understand:
- The consequences of their decisions
- The property they are distributing
- Who will benefit from the will
If someone can prove that the testator did not meet these criteria, a probate court may find the will invalid.
Another common challenge arises from claims of undue influence. If someone exerted pressure on the testator to make decisions that they would not have made otherwise, the court might invalidate the will. This typically involves a person in a position of trust or power who manipulates the testator’s choices.
How fraud can affect the validity of a will
Fraud can also be a reason for contesting a will. If it can be shown that the testator was deceived into signing a document they did not intend to sign, or if the will itself contains false information, the court can declare it invalid.
Proving the will’s validity
When a will is contested, the burden of proof falls on the person challenging it. They must provide sufficient evidence to support their claims. If they succeed, the probate court will either reject the will or apply the terms of an earlier valid will. It’s essential for individuals to have a clear and properly executed will to lower the risk of challenges and make sure their estate plan is handled according to their wishes.
