Tennessee Code Annotated

Tenn. Code Ann. § 32-1-101 (2026)

Chapter definitions

✓ current as of May 2026

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As used in this chapter, unless the context otherwise requires:

(1) "Person" includes either man or woman, single or married; and

(2) "Will" includes codicil.

Acts 1941, ch. 125, § 1; C. Supp. 1950, § 8098.1; T.C.A. (orig. ed.), § 32-101.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1988–2026 · leading case: In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005).

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In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). · cites it 12× “Tenn.Code Ann. § 32-1-101(2). In order to be valid, a will or codicil must be made in writing with the rare exception, applicable only in extreme cases, of a nuncupative will.”

Est. of Bowlin v. Ables, 766 S.W.2d 193 (Tenn. Ct. App. 1988). · cites it 3× “Holmes may have intended that Mr. Henry have the remainder of the money upon her death, she failed to make a legally effective testamentary disposition.”

Petty v. Privette, 818 S.W.2d 743 (Tenn. Ct. App. 1989). “…§ 30-1-101 to 5-144 as well as separate titles for “Descent and Distribution” §§ 31-1-101 to 6-122 and “Wills,” §§ 32-1-101 to 5-110. See also T.C.A. §§ 35-2-102 to 112, the “Uniform Fiduciaries Act” and T.C.A. §§ 35-3-101 to 121, “Investment of Trust Funds.” However, the…”

In Re Est. of Joseph Owen Boote, Jr. (Tenn. Ct. App. 2005). · cites it 5× “Tenn. Code Ann. § 32-1-101 (2) (2001) (defining the term “[w]ill” to include codicils); 1 P RITCHARD § 12, at 19.”

In Re Est. of Veronica Stewart, 545 S.W.3d 458 (2017). “4 Tenn. Code Ann. §§ 32-1-101 to - 202. -7- to dispose of property by will is not a natural or a constitutional right.”

Ajit C. Desai v. B. G. Naik Trust (Tenn. Ct. App. 2026). · cites it 2× “The will creating the trust must be executed in compliance with the Wills Act, Tenn. Code Ann. § 32-1-101 et seq., and must be admitted to probate before the trust activates.”

Est. of Charles Thomas McCraw v. Joan Likins (Tenn. Ct. App. 2005). · cites it 3× “Charles McCraw 3 T.C.A. § 32-1-101 et. seq. sets out the requirements for valid wills in Tennessee.”

In The Matter of The Conservatorship of Donald E. Todd v. Tonya Todd Just. (Tenn. Ct. App. 2010). · cites it 2× “Todd became a “[w]ard of the Court,” and that a conservator, pursuant to Tenn. Code Ann. §32-1-101 (4), “either was appointed.”

Charles Moore v. Clyde Green (Tenn. Ct. App. 2001). · cites it 2× “Ellis' last will and testament suspicious enough to justify jury consideration? A.”

— Tenn. Code Ann. § 32-1-101(2) — 1 case

In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). “Tenn.Code Ann. § 32-1-101(2). In order to be valid, a will or codicil must be made in writing with the rare exception, applicable only in extreme cases, of a nuncupative will.”

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