If a will was attested by an interested witness, can the will be held invalid?
Full Question:
My granny made a will and got it attested by two witnesses, of them being my brother-in-law. She has left him a portion of her property in her will. Can I challenge the validity of this will because an interested witness has attested it?
02/13/2017 |
Category: Wills and Es... ยป Witnesses |
State: Tennessee |
#32048
Answer:
Tenn. Code Ann. § 32-1-103 reads:
“(a) Any person competent to be a witness generally in this state may act as attesting witness to a will.
(b) No will is invalidated because attested by an interested witness, but any interested witness shall, unless the will is also attested by two (2) disinterested witnesses, forfeit so much of the provisions therein made for the interested witness as in the aggregate exceeds in value, as of the date of the testator's death, what the interested witness would have received had the testator died intestate.
(c) No attesting witness is interested unless the will gives to the attesting witness some personal and beneficial interest.”
(b) No will is invalidated because attested by an interested witness, but any interested witness shall, unless the will is also attested by two (2) disinterested witnesses, forfeit so much of the provisions therein made for the interested witness as in the aggregate exceeds in value, as of the date of the testator's death, what the interested witness would have received had the testator died intestate.
(c) No attesting witness is interested unless the will gives to the attesting witness some personal and beneficial interest.”
Thus, you may not be able to challenge the validity of the will solely on the ground that an interested witness signed it.