February 9, 2015 Tennessee Case Invalidates Will Where Witnesses Failed to Sign Properly

As you are probably aware in Florida you need two witnesses for a valid   will. Most States have similar requirements and Tennessee is no different. A case decided February 9, 2015 in the Court of Appeals in Nashville, Tennessee highlights the importance of where a witness signs in other words just signing your name to the bottom is not good enough to witness your mothers will, and if you don’t want to drive back down to Boca to sign it again, read up!

• On October 10, 2008, Bill Morris (“Decedent”) executed his Last Will and Testament. The Decedent died on July 7, 2011, leaving four surviving children: Bill Morris, Jr. and Cheryl Morris ; Gary Morris and Pamela Morris. Decedent’s daughter, Debbie Roberson, predeceased him and was survived by four children: Deidra Roberson, Vickie Roberson, Judith Roberson, and Charles Michael Roberson.
• The Decedent’s Last Will and Testament was admitted to probate on July 26, 2011, and letters testamentary were issued to Gary Morris and Pamela Morris, who were named in the will as Co-Executors. In support of the petition to admit the will to probate, the affidavits of the two attesting witnesses were submitted to the Probate Court.
• Bill Morris Jr. then filed a complaint , specifically a will contest. Bill Jr. claimed that the will was not properly executed because witnesses as required by Tennessee Statute did not sign the will.
• There was no dispute that the testator signed the will, rather the dispute centered around whether the witnesses had properly signed.
• The two witnesses, Mickey Hall, and Kimberly K. Davis signed the affidavit but did not sign any other part of the will.

Tennessee law states in relevant part as follows:

The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:

1. The testator shall signify to the attesting witnesses that the Instrument is the testator’s will and either:
2. The testator sign;
3. Acknowledge the testator’s signature already made; or
4. At the testator’s direction and in the testator’s presence have someone else sign the testator’s name; and
5. In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses.
6. The attesting witnesses must sign:
7. In the presence of the testator; and
8. In the presence of each other.

The Court ultimately held that although the Court’s job is to effectuate the testator’s intent but that does not allow them to exempt the testator from the statute and the Court held for the son challenging the will.

So if you are concerned your will is not executed properly, you need to consult an experienced Palm Beach Probate Attorney if not you risk dying intestate and the State’s rules determining how your assets are distributed.