Tenn. Code Ann. § 32-1-104

Will other than holographic or nuncupative - Signatures

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(a) 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:
  - (A) The testator sign;
  - (B) Acknowledge the testator's signature already made; or
  - (C) At the testator's direction and in the testator's presence have someone else sign the testator's name; and
  - (D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses;
- (2) The attesting witnesses must sign:
  - (A) In the presence of the testator; and
  - (B) In the presence of each other.

(b)
- (1) For wills executed prior to July 1, 2016, to the extent necessary for the will to be validly executed, witness signatures affixed to an affidavit meeting the requirements of § 32-2-110 shall be considered signatures to the will, provided that:
  - (A) The signatures are made at the same time as the testator signs the will and are made in accordance with subsection (a); and
  - (B) The affidavit contains language meeting all the requirements of subsection (a).
- (2) If the witnesses signed the affidavit on the same day that the testator signed the will, it shall be presumed that the witnesses and the testator signed at the same time, unless rebutted by clear and convincing evidence. If, pursuant to this subsection (b), witness signatures on the affidavit are treated as signatures on the will, the affidavit shall not also serve as a self-proving affidavit under § 32-2-110. Nothing in this subsection (b) shall affect, eliminate, or relax the requirement in subsection (a) that the testator sign the will.

Amended by 2016 Tenn. Acts, ch. 843, s 1, eff. 4/19/2016.

Acts 1941, ch. 125, § 4; C. Supp. 1950, § 8098.4; T.C.A. (orig. ed.), § 32-104.

Notes of Decisions

Cited in 44 cases (8 in the last 5 years), 1991–2025 · leading case: In Re the Estate of Stringfield

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In Re the Estate of Stringfield (2008) tennctapp · cites it 28× “This appeal involves whether a will was properly executed as required by Tenn. Code Ann. § 32-1-104 . The statute requires the attesting witnesses to “sign” the will in the presence of the testator and in the presence of each other.”

In Re Estate of Boote (2005) tennctapp · cites it 10× “Tenn. Code Ann. § 32-1-104 (2001); 1 PRITCHARD *722 § 7, at 13-14.”

In Re ESTATE OF Thomas Grady CHASTAIN (2012) tenn · cites it 20× “See Tenn. Code Ann. §§ 32-1-104 to -106. The requirements for executing a will of each type are specified by statute.”

Gala Johnson-Murray v. Rodney Burns (2017) tennctapp · cites it 12× “i The Will The execution of attested wills in Tennessee is governed by the Tennessee Execution of Wills Act codified in Tenn. Code Ann. § 32-1-104 . In re Estate of Chastain, 401 S.”

Dobson v. Shortt (1996) tennctapp · cites it 6× “They contended that the will was invalid because it was not executed in compliance with the provisions of the Uniform Wills Act, codified at T.C.A. § 32-1-104 (1984). The ease was thereafter certified to the Circuit Court of Benton County for a jury trial on the issue of…”

Jackson v. Patton (1997) tenn · cites it 4× “The contestant acknowledges that facially the 1989 will meets all the requirements of Tenn.Code Ann. § 32-1-104. 1 The issue made by the pleadings is whether the 1989 will was executed in the manner required by the statute.”

Taylor v. Holt (2003) tennctapp · cites it 5× “Tenn.Code Ann. § 32-1-104 addresses the requisite formalities for the execution and witnessing of a will in Tennessee and states: 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…”

Cooper v. Austin (1992) tennctapp · cites it 4× “Greer, had not met her burden of proof pursuant to T.C.A. § 32-1-104, regarding the manner in which a will must be executed.”

Blackburn v. Blackburn (2007) tennctapp · cites it 2× “T.C.A. § 32-1-104 (2007). Thus, under the statute, the testator must signify to the attesting witnesses that the instrument is his will, and the witnesses must sign the instrument in the presence of each other.”

In re Estate of Ross (1997) tennctapp · cites it 2× “T.C.A § 32-1-104 sets forth the requirements for executing a valid Last Will and Testament: Will other than holographic or nuncupa-tive.”

In the Matter of ESTATE OF John J. GOZA (2012) tennctapp “Morrow admits the authenticity of the March and April Agreements, but asserts that the April Agreement is not valid under Tennessee Code Annotated § 32-1-104. He asserts that the Trust as amended and restated in the March Agreement accord *566 ingly controls.”

Hale v. Bradley (1991) tennctapp · cites it 2× “Tenn.Code Ann. § 32-1-104 (1984). At trial, the contestants took the position that this requirement was not met because neither Mr.”

Show all 44 citing cases →

— Tenn. Code Ann. § 32-1-104(1) — 1 case

In Re ESTATE OF Thomas Grady CHASTAIN (2012) tenn “See Tenn. Code Ann. §§ 32-1-104 to -106. The requirements for executing a will of each type are specified by statute.”

— Tenn. Code Ann. § 32-1-104(1)(A) — 1 case

In Re ESTATE OF Thomas Grady CHASTAIN (2012) tenn “See Tenn. Code Ann. §§ 32-1-104 to -106. The requirements for executing a will of each type are specified by statute.”

— Tenn. Code Ann. § 32-1-104(1)(C) — 1 case

In Re Estate of Boote (2005) tennctapp “Tenn. Code Ann. § 32-1-104 (2001); 1 PRITCHARD *722 § 7, at 13-14.”

— Tenn. Code Ann. § 32-1-104(2) — 2 cases

In Re the Estate of Stringfield (2008) tennctapp “This appeal involves whether a will was properly executed as required by Tenn. Code Ann. § 32-1-104 . The statute requires the attesting witnesses to “sign” the will in the presence of the testator and in the presence of each other.”

In Re ESTATE OF Thomas Grady CHASTAIN (2012) tenn “See Tenn. Code Ann. §§ 32-1-104 to -106. The requirements for executing a will of each type are specified by statute.”

— Tenn. Code Ann. § 32-1-104(a) — 4 cases

In Re Estate of Jimmy D. Harris (2018) tennctapp

In Re Estate of Charles Edward Fant, III (2017) tennctapp

In Re Estate of Martha Maxine Childress (2023) tennctapp

In Re Estate of Adam Randall Wilson (2024) tennctapp

— Tenn. Code Ann. § 32-1-104(a)(1)(B) — 1 case

In Re Estate of Charles Edward Fant, III (2017) tennctapp

— Tenn. Code Ann. § 32-1-104(b) — 3 cases

In Re Estate of Charles Edward Fant, III (2017) tennctapp

In Re Estate of Jimmy D. Harris (2018) tennctapp

In Re Estate of Adam Randall Wilson (2024) tennctapp

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