Planning for the future often involves considering what will happen to your belongings after you’re gone. Most people create a formal, written will to ensure their wishes are followed. However, life can be unpredictable. Sometimes, unexpected events occur, and there isn’t a chance to create a traditional will.
In Tennessee, the law recognizes that handwritten or oral wills might be necessary in certain situations. Let’s explore when these types of wills are accepted.
What the law requires
A nuncupative will, also known as an oral will, is only valid in Tennessee if the following conditions are met:
- Imminent peril of death: The testator must make the oral will while facing imminent death and must pass away due to that peril for the will to be valid.
- Witnesses requirements: At least two disinterested witnesses must hear the oral declaration of the will.
- Written record: One of the witnesses must write down the will’s provisions within 30 days and submit it to the court within six months of the person’s death.
Oral wills can only distribute personal property (not real estate) worth up to $1,000. However, if the person is in active military service during war, this limit increases to $10,000. Oral wills do not change any existing written wills, so they’re often used to supplement rather than replace an existing will.
Handwritten wills
In Tennessee, a handwritten will, also known as a holographic will, can be a valid will. These documents are valid if:
- Entirely handwritten: The entire will, including the signature and all important details, must be in the handwriting of the person making the will (the testator).
- Proof of handwriting: Two witnesses must verify the testator’s handwriting.
- No witnesses needed: Unlike other types of wills, these witnesses do not need to be present when the will is created.
Consulting with a qualified attorney can help ensure that your will, whether traditional, handwritten, or oral, is legally sound and accurately reflects your wishes. An attorney can guide you through the process, advise you on the best course of action, and help prevent potential legal challenges.
While it’s always best to have a formal, written will, Tennessee law provides options for situations where that’s not possible. If you find yourself in a situation where a handwritten or oral will might be necessary, ensure you understand the specific requirements.