Tennessee Code Annotated
Tenn. Code Ann. § 32-1-102 (2026)
Persons qualified to make a will
✓ current as of May 2026
Any person of sound mind eighteen (18) years of age or older may make a will.
Acts 1941, ch. 125, § 2; C. Supp. 1950, § 8098.2; T.C.A. (orig. ed.), § 32-102.
Notes of Decisions
Cited in 5
cases, 1995–2006 · leading case: In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005).
In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). “This rule arises from the very nature of probate proceedings. Under Tennessee law, every person of sound mind over the age of eighteen has the right, within the limits of law and public policy, to direct how his or her property will be distributed at death through the execution…”
In Re Est. of Brevard, 213 S.W.3d 298 (Tenn. Ct. App. 2006). “Tenn.Code Ann. §§ 32-1-102, -104 (2006).”
In Re Est. of Joseph Owen Boote, Jr. (Tenn. Ct. App. 2005). “This rule arises from the very nature of probate proceedings. Under Tennessee law, every person of sound mind over the age of eighteen has the right, within the limits of law and public policy, to direct how his or her property will be distributed at death through the execution…”
In Re: The Est. of Dillard Phillips, Leroy Phillips v. Cora Chitwood (Tenn. Ct. App. 2004). “Tenn. Code Ann. § 32-1-102 . The authorities hold the testator must be of sound and disposing mind and memory.”
IN RE: Est. of Odell P. Bradley, Edith Steward & Barbara Ramsey v. Christian F. Hofstetter - Concurring (Tenn. Ct. App. 1995). “§ 32-1-102 (1984), any person of sound mind and over the age 2 of eighteen (18) is capable of making a will.”
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