Holographic Wills in Tennessee

Holographic Wills in General A holographic will, also referred to sometimes as a handwritten or olographic will, is a type of last will and testament that is entirely handwritten and signed by the person making the will, known as the testator. Holographic wills are often used in situations where individuals wish to create a will quickly or in circumstances where they may not have access to traditional legal resources. However, holographic wills can also be subject to challenges or disputes, particularly if there are concerns about the testator’s mental capacity or if the terms of the will are unclear or ambiguous. While holographic wills are recognized in many jurisdictions, it is important to understand the specific legal requirements and limitations in the relevant jurisdiction. In some places, holographic wills may not be valid at all. In others, they may have additional requirements for validity, such as witnesses or notarization. Consulting with a knowledgeable attorney can help ensure that any will, including a holographic one, meets all necessary legal standards and adequately reflects the testator’s wishes. Holographic Will Requirements in Tennessee Tennessee is one of the roughly twenty-six states in the United States that allows holographic wills. However, in order to be legally enforceable, holographic wills must meet certain requirements. The law that permits holographic wills in Tennessee is Tennessee Code Section 32-1-105, which states that, “No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator’s handwriting must be proved by two (2) witnesses.”Although this statutory provision is only a sentence long, there are a whole host of potential issues that stem from the requirements that it announces, including the following:

1. Handwritten Requirement: A holographic will must be entirely handwritten by the testator. This means that the entire text of the will, including the material provisions, signatures, and any other markings, must be in the testator’s own handwriting. Probate courts in Tennessee may ignore typewritten words that are not in the testators handwriting when examining a holographic will. Accordingly, testators drafting holographic wills should be careful to write the entire document in their own handwriting.
2. Signature Requirement: The holographic will must also be signed by the testator. Like the material portions of the will, the testator’s signature should also be in the testators handwriting. There is no particular location that the testator must sign the will, but at the end of the will following the material provisions is preferable to avoid some of challenges and disputes discussed further below.
3. Witness Requirement: There is no specific requirement for the will to be witnessed or notarized as to the execution of the will. However, for a holographic will to be admitted to probate, the testimony of two disinterested witnesses must be introduced to prove the handwriting that the material provisions, signatures, and any other markings on the will are in the handwriting of the testator.
4. Validity Requirements: For a holographic will to be considered valid in Tennessee, it must meet the following three additional criteria, which are requirements whenever a testator is making a will: (a) it must express the testator’s wishes regarding the distribution of their property upon their death; (b) the testator must have testamentary capacity, meaning they must be of sound mind and legal age (18 years old or older) when creating the will; and (c) the will must be made voluntarily and without undue influence from others.
5. Probate Process: After the testator’s death, the holographic will must be submitted to the probate court for validation and administration. The court will examine the will to ensure its validity and determine its authenticity. If the court finds the holographic will to be valid, it will oversee the distribution of the testator’s assets according to the provisions outlined in the will. If the court finds the holographic will to be invalid because it fails to meet any of the above listed criteria, the court will set the aside and instead, the decedents estate will pass through intestacy.

6.Challenges and Disputes: Like any will, holographic wills in Tennessee can be subject to challenges or disputes, especially if there are concerns about the testator’s mental capacity, undue influence, or ambiguity in the terms of the will. In such cases, the probate court may need to resolve the issues through legal proceedings, which can be both emotionally and financially taxing. It is important to note that while holographic wills can be valid in Tennessee, they may not be the best option for everyone. Consulting with an attorney experienced in estate planning can help individuals determine the most appropriate and legally sound method for creating a will that reflects their wishes and ensures the smooth transfer of their assets to their heirs or beneficiaries. Advantages and Disadvantages of Holographic Wills Holographic wills offer certain advantages and disadvantages compared to other types of wills. When it comes to deciding whether a holographic will is the right estate planning option for your needs, consider the following advantages and disadvantages of holographic wills to help inform your ultimate decision when it comes to the best estate plan for you. The key advantages of holographic wills are accessibility, flexibility, and cost.

1. Accessibility: Holographic wills can be created without the need for legal assistance or formalities, such as witnesses or notarization. This makes them accessible to individuals who may not have access to traditional legal resources or who wish to create a will quickly and informally.
2. Flexibility: Since holographic wills are handwritten by the testator, they can be easily amended or updated by simply making changes in the testator’s handwriting. This flexibility allows the testator to reflect changes in their circumstances or wishes without the need for formal legal procedures.
3. Cost: Holographic wills typically involve fewer expenses compared to other types of wills, as they don’t require the involvement of attorneys, witnesses, or notaries. This can make them a cost-effective option for individuals with simple estate planning needs. The key disadvantages of holographic wills are validity concerns, interpretation issues, and probate delays, and the limited estate planning tools.

1. Validity Concerns: Holographic wills may face challenges to their validity, especially if they don’t meet all legal requirements or if there are doubts about the testator’s mental capacity at the time of writing the will. Lack of witnesses or notarization can also raise questions about authenticity.
2. Interpretation Issues: Handwritten wills may be more prone to ambiguity or unclear language, which can lead to disputes among heirs or beneficiaries regarding the testator’s intentions. Without the guidance of legal professionals, the testator may inadvertently create provisions that are open to interpretation or misunderstanding.
3. Probate Delays: Holographic wills may take longer to probate compared to formal wills because the court may need to scrutinize the document more closely to ensure its validity and authenticity. This can result in delays in the distribution of assets to beneficiaries and heirs.
4. Limited Estate Planning Tools: While holographic wills may be suitable for individuals with relatively simple estate planning needs, they may not offer the same level of sophistication or asset protection as other estate planning tools, such as trusts or complex wills drafted with the assistance of attorneys. King Law Offices is Here to Help Despite appearing simple enough at first, drafting a holographic will can get complicated fast. To avoid any missteps, contact one of King Laws Estate Planning attorneys at 888-748-KING (5464) or by filling out our consultation form. We have offices located in eastern Tennessee, across western North Carolina, and upstate South Carolina. At King Law Offices, we understand the sensitivity and complexity of these situations and are here to help. Our experienced attorneys can guide you through any and all of your legal issues. We are here to serve you and to guide you as we navigate this journey together!