Tennessee Code Annotated
Tenn. Code Ann. § 32-1-103 (2026)
Witnesses - Who may act
✓ current as of May 2026
- (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.
Acts 1941, ch. 125, § 3; C. Supp. 1950, § 8098.3; T.C.A. (orig. ed.), § 32-103.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2018–2026 · leading case: In Re Est. of Joe Marce Abbott, No. W2017-02316-COA-R3-CV (Tenn. Ct. App. Aug. 2, 2018).
In Re Est. of Joe Marce Abbott, No. W2017-02316-COA-R3-CV (Tenn. Ct. App. Aug. 2, 2018). “The court, however, apparently acting sua sponte, held that the will failed to comply with Tenn. Code Ann. §§ 32-1-103 (2015), 32-1-104 (Supp.”
In re Est. of Butts, 2026 IL App (2d) 240506-U. “Defendants’ first affirmative defense and - 34 - 2026 IL App (2d) 240506-U the corresponding counterclaim rely on section 4-6(a) of the Probate Act (755 ILCS 5/4-6(a) (West 2020)) and its Tennessee counterpart (see Tenn. Code Ann. § 32-1-103 (b) (2020)). 3 These statutes provide…”
Tenn. Code Ann. § 32-1-103(b): 1 case
In Re Est. of Joe Marce Abbott, No. W2017-02316-COA-R3-CV (Tenn. Ct. App. Aug. 2, 2018). “The court, however, apparently acting sua sponte, held that the will failed to comply with Tenn. Code Ann. §§ 32-1-103 (2015), 32-1-104 (Supp.”
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