An original will can be compelled to be
produced in a Tennessee probate estate in certain circumstances. If fraud is suggested to have been committed
in the drafting or obtaining of a last will and testament or if there is any
irregularity in the execution or attestation of the will, then a party may
insist on the original will being produced.
T.C.A.
§ 32-2-109 provides as follows:
(a) When any fraud is suggested to have been committed in the drawing or
obtaining any last will, or any irregularity in the executing or attestation of
the will, the party making the suggestion may insist upon the original will
being produced to the court, if the original is to be found.
(b) The court, wherever any suit is pending, and in which such a domestic
will may be introduced as testimony, may compel all and every person or
persons, whether in office or otherwise, to produce the will.
Additionally, T.C.A.
§ 32-4-106 provides that a copy of a will can be used in probate
court. T.C.A.
§ 32-4-106 provides as follows:
If the original
will is lost or mislaid so that it cannot be produced on the trial of the
issue, but the paper has been copied into the pleadings, or spread upon the
minutes of the court, the court may proceed with the trial of the issue in the
same manner as if the original were in existence and before it.
As a result, an individual can force the original
will to be produced under certain circumstances. However, just because there is no original
will, does not mean that a copy of the will cannot be probated in Tennessee. It can be difficult to probate a copy of a
will if it is missing and there is opposition, but it can be done.
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