In Tennessee you are required to have two witnesses who are not receiving any share or benefit under a Last Will and Testament ("Will") to sign an affidavit that is attached to the Will. This is important for the Will to be admitted by the Court of Probate. However, when a Will is contested, then the actual witnesses are important to be located, subpoenaed, sworn under oath, and to testify regarding the Will.
See Tenn. Code Ann. Section 32-2-110 which describes the requirements for an affidavit of witnesses to prove will. Tenn. Code Ann. Section 32-2-110 states that "Any or all of the attesting witnesses to any will may, at the request of the testator or, after the testator's death, at the request of the executor or any person interested under the will, make and sign an affidavit before any officer authorized to administer oaths in or out of this state, stating the facts to which they would be required to testify in court to prove the will, which affidavit shall be written on the will or, if that is impracticable, on some paper attached to the will, and the sworn statement of any such witness so taken shall be accepted by the court of probate when the will is not contested as if it had been taken before the court."
Attorneys strive to affect the intent of the testator or testatrix while balancing complex legal language, case law, and state specific requirements, manage conflicts anticipated, contemplated, and provide a timely instrument that will help people avoid having their estate probated fully intestate - often inconsistent with their wishes. If you, your adult child, or a loved one, doesn't have a Last Will and Testament, Powers of Attorney for General Business Purposes, Power of Attorney for Health Care, or a Living Will or Advance Care Plan, then schedule your confidential consultation online today!