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Will Contest TCA §§ 32-4-101 – 32-4-109

(a) If the validity of any Last Will or Testament, written or nuncupative, is contested, then the court having probate jurisdiction over that Last Will or Testament must enter an order sustaining or denying the contestant’s right to contest the Will. If the right to contest the Will is sustained, then the court must:

1. Require the contestant to enter into bond, with surety, in the penal sum of five hundred dollars ($500), payable to the executor mentioned in the Will, conditioned for the faithful prosecution of the suit, and in case of failure in the suit, to pay all costs that may accrue on the suit; and
2. Cause a certificate of the contest and the original Will to be filed with the appropriate court for trial.

(b)  As used in this section, the term “the appropriate court for trial” means the court elected by the contestant, in the notice of contest, to conduct a trial upon the validity of the Will.

Tenn. Code Ann. § 32-4-101

Factors in Setting Aside a Will

Unsound Mind

Under T.C.A. § 32-1-102 the code dictates that any person of sound mind eighteen  (18) years or older may make a Will. Determining whether or not an individual is of sound mind is of course not a definitive science.  If a testator has a lucid interval when executing the Will, the Court will hold that the testator was of sound mind.

Confidential Relationship and Undue Influence

The first 48 hours after the death of a family relative are the most hectic. The family is more concerned with planning the funeral, editing the obituaries and notices in newspapers  and getting the family matters in order. In most instances the last thing relatives are thinking about at this point is the Will or the existence of  a Will. The first 48 hours after the death of the close Family member are usually very sad and very emotional.  But at some point, the estate of the decedent must be considered and the sooner this is done the better for the estate in general. If the decedent has executed a Will is imperative that the attorney who executes the Will keeps a copy and ensures that the testator put the Will in an easily discoverable location and alerts the selected executor or executrix of the location of that Will.

We want to avoid Family members scrambling through personal property of the decedent trying to find the Will, the Will’s location should already be known. Do they have a Will? Do they have a Trust?  A good attorney must take great care in his/her estate planning and always keep copies of all products he/she developed for the client in a location and knows where to get it.  In addition, the attorney must review the files every few years to make sure that the plan derived by the attorney is still the most effective to meet the clients needs.

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Best Probate Attorney in Nashville, TN

When it comes to navigating the complexities of probate law in Nashville, Tennessee, you need a skilled and compassionate advocate by your side. Whether you’re facing the challenges of administering an estate, contesting a will, or resolving disputes, our team is here to guide you every step of the way. With years of experience and a deep understanding of Tennessee probate law, we are committed to protecting your interests and achieving the best possible outcome.

Why Choose Us as Your Probate Attorney?

1. Comprehensive Knowledge of Tennessee Probate Law
   Probate proceedings can be overwhelming, especially during an emotionally challenging time. We simplify the process, ensuring that every aspect of your case complies with Tennessee laws and court procedures.
2. Personalized Guidance
   Every estate is unique, and we tailor our approach to meet the specific needs of our clients. From filing the necessary documents to representing you in court, we provide personalized attention and strategic advice.
3. Experience in Complex Cases
   Whether dealing with will contests, disputes among heirs, or navigating estate tax complexities, we have the experience to handle even the most challenging probate matters.
4. Efficient Resolution
   Time is often of the essence in probate cases. Our goal is to streamline the process, minimize delays, and help you resolve matters as efficiently as possible.

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