How To Contest A Will In Tennessee And What Grounds Are Valid

Contesting a will is serious business. You’re essentially telling a court that what appears to be someone’s final wishes isn’t actually valid. And if you’re sitting here wondering whether you should challenge a loved one’s will, you’re probably going through something really difficult right now.

We’ve been doing this for over thirty years at Carpenter & Lewis PLLC. Will contests are never easy. They’re complicated, they take time, and they often tear families apart. But sometimes they’re necessary.

Who Can Even Contest A Will

Not everyone can waltz into probate court and challenge a will just because they’re unhappy with it.

Tennessee law says you need “standing,” which means you have to be someone who’d actually benefit if the will got thrown out. If you’re not getting anything either way, the court won’t hear your case.

So who qualifies? People named in the current will, people who were named in an earlier version, family members who’d inherit if there was no will at all, and sometimes creditors, depending on the situation.

Your neighbor who thinks the will’s unfair? They can’t contest it.

What Are Valid Grounds For A Challenge

Tennessee courts don’t accept will contests based on “this doesn’t seem fair.” You need actual legal grounds.

The Person Didn’t Have Mental Capacity

The testator had to have been mentally competent when they signed it. This doesn’t mean perfect health or flawless memory. They needed to understand three things: what property they owned, who their family members were, and what signing a will actually does.

Medical records matter a lot here. Advanced dementia, heavy medication, and recent major surgery. That’s all relevant. But being old doesn’t cut it. Having some memory problems doesn’t automatically mean they lacked capacity. Courts look at whether the person understood what they were doing at that specific moment.

Someone Used Undue Influence

Undue influence means someone in a position of power basically manipulated the testator into changing their will. Maybe a caregiver isolated them from family and pressured them to leave everything to the caregiver.

But you can’t just say “my sister was around Dad more, so she must’ve influenced him.” Courts need real evidence of manipulation. Isolation from family. Controlling who could visit. Threats. Lies about what other family members said or did.

Persuasion is legal. Even strong persuasion. It’s when someone overpowers the testator’s free will that it becomes undue influence.

There Was Fraud Or Forgery

If someone forged the signature or lied to get the testator to sign something they didn’t understand, that’s fraud. Sometimes we see cases where someone tells an elderly person, “This is just a power of attorney,” when it’s actually a will.

The Will Wasn’t Executed Properly

Tennessee has specific rules. According to Tennessee law, you need a written document, the testator’s signature, and at least two witnesses who don’t benefit from the will.

If those requirements weren’t met, the will might not be valid.

How The Process Actually Works

Timing is everything. You generally have two years from when the will gets admitted to probate. Some situations have shorter deadlines. Miss your window and you’re done.

You start by filing a petition in probate court. Then there are hearings. Both sides present their case. The court decides. Even simple contests take months. Our Maryville probate lawyer handles the whole process.

Think Hard About This Decision

Will contests cost money, sometimes a lot. They take forever. They often permanently damage family relationships.

Before you file, ask yourself: Do I have solid evidence? Is what I might gain worth the cost and conflict?

Sometimes mediation or settlement negotiations work better than a full court battle.

Get Help If You’re Considering This

Don’t try to handle a will contest on your own. These cases have technical requirements, strict deadlines, and complicated evidence rules.

Our Maryville probate lawyer can sit down with you, look at what you’ve got, and tell you honestly whether you have grounds for a contest. Contact Carpenter & Lewis PLLC and let’s talk about your specific situation