Tennessee Code Annotated

Tenn. Code Ann. § 32-4-105 (2026)

Proof of will - Presumption of suspicious circumstances

✓ current as of May 2026

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(a) Upon the trial of the issue in case of a written will with witnesses, it shall be proved by all the living witnesses, if to be found, and by such other persons as may be produced to support it.

(b) Upon the contest of a holographic will, if the holographic will was written within thirty (30) days prior to a testator's death and the testator died by suicide, then there is a presumption of suspicious circumstances and the proponent of the will has the burden of presenting evidence demonstrating that the testator had the capacity to execute the will.

Amended by 2022 Tenn. Acts, ch. 942, s 1, eff. 7/1/2022.

Code 1858, § 2178 (deriv. Acts 1789, ch. 23, § 1); Shan., § 3910; Code 1932, § 8108; T.C.A. (orig. ed.), § 32-406.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1997–2026 · leading case: In Re Est. of Gertrude Bible Link, 542 S.W.3d 438 (Tenn. Ct. App. 2017).

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In Re Est. of Gertrude Bible Link, 542 S.W.3d 438 (Tenn. Ct. App. 2017). · cites it 2× “” Tenn. Code Ann. § 32-4-105 (2015). Once the proponent presents proof showing that the will was executed in compliance with the legal formalities, the will is presumed to be valid, and the burden shifts to the contestant to demonstrate that the will is invalid for some reason.”

Jackson v. Patton, 952 S.W.2d 404 (Tenn. 1997). · cites it 2× “Tenn. Code Ann. § 32-4-105 ; Jones v. Arterburn, 30 Tenn.”

William Kenneth Wade v. Robert Crosslin (Tenn. Ct. App. 2026). · cites it 5× “at *4; Tenn. Code Ann. § 32-4-105 . Hence, because neither attesting witness appeared before the trial court, the burden of proving that Ms.”

In Re Est. of Adam Randall Wilson (Tenn. Ct. App. 2024). · cites it 4× “” Tenn. Code Ann. § 32-4-105 (a). “The issue may be tried by a jury, and their verdict, and the judgment of the court upon the validity of the will shall be certified to the court having probate jurisdiction over the will to be recorded together with the original will, if…”

In Re Est. of Charles Edward Fant, III (Tenn. Ct. App. 2017). · cites it 2× “Additionally, the trial court explicitly referenced the notes to Tennessee Code Annotated Section 32-4-105 regarding the proof of wills stating that capacity is presumed unless there are suspicious circumstances.”

In the Matter of the Est. of Dennis R. Woolverton (Tenn. Ct. App. 2014). · cites it 2× “Tenn. Code Ann. § 32-4-105 (2013)(emphasis added).”

— Tenn. Code Ann. § 32-4-105(a) — 1 case

William Kenneth Wade v. Robert Crosslin (Tenn. Ct. App. 2026). “at *4; Tenn. Code Ann. § 32-4-105 . Hence, because neither attesting witness appeared before the trial court, the burden of proving that Ms.”

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