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Some people decide to
do Wills that are written in their own handwriting (handwritten Wills). It is my advice that this is a very poor
decision and you should always consult a Tennessee Wills attorney to help you make
sure that this very important document is done correctly. Even though that is my best advice, I know
some people will ignore this advice. As
a result, I will answer the question.
Yes, you can have a handwritten Will but it is a very bad idea. A handwritten will is called a holographic
Will. A holographic will must be done in
the handwriting of the testator.
There are three
different types of Wills under Tennessee law that are allowed.
(1) Normal Will with
execution completed pursuant to T.C.A. § 32-1-104.
(2) Holographic Will
pursuant to T.C.A. § 32-1-105 (in handwriting of
the testator)
(3) Noncupative Will
pursuant to T.C.A. § 32-1-106 (will completed while
in imminent peril of death)
Under Tennessee law a handwritten
or holographic Will must comply with the specific requirements found in T.C.A. § 32-1-105 which provides as
follows:
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.
As a result, in order
for a handwritten Will to be enforceable and valid, it must have the signature
of the person making the Will. Also, all
of the important provisions in the Will must be in the handwriting of the person
making the Will (the testator). Further,
the testator's handwriting in the holographic will must be able to be proved by
two witnesses. Only when these specific requirements
are met can a holographic Will be valid under Tennessee law. Once again, please do not do a handwritten
Will. Inevitably there will be mistakes
and things that were not properly considered by the person making the
Will. You need someone to guide you
through this process so it is done correctly.
Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.
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