reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-101 - Short Title

This chapter shall be known and may be cited as the "Tennessee Disclaimer of Property Interests Act."
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made;
(2)
"Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made;
(3)
"Disclaimer" means the refusal to accept an interest in or power over property;
(4)
"Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person;
(5)
"Jointly held property" means property held in the name of two (2) or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property;
(6)
"Person" means an individual; fiduciary; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government, governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity;
(7)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. "State" includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state; and
(8)
"Trust" means:
(A)
An express trust, charitable or noncharitable, with additions thereto, whenever and however created; and
(B)
A trust created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-103 - Scope

This chapter applies to disclaimers of any interest in or power over property, whenever created.
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-104 - Disclaimer Act supplement by other law

(a)
Unless displaced by this chapter, the principles of law and equity supplement this chapter.
(b)
This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter.
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-105 - Power to disclaim - General requirements - When irrevocable

(a)
A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(b)
Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by state law or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(c)
To be effective, the disclaimer must:
(1)
Be in writing;
(2)
Declare the disclaimer, and the extent thereof;
(3)
Describe the interest or power disclaimed; and
(4)
Be signed either by:
(A)
The person making the disclaimer; or
(B)
Some person subscribing the name of the person making the disclaimer, in the person's presence and by such person's express direction in the presence of two (2) or more witnesses competent to witness a will under title 32.
(d)
A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(e)
A disclaimer becomes irrevocable when it is delivered or filed pursuant to §
31-7-112
or when it becomes effective as provided in §§
31-7-106
- 31-7-111, whichever occurs later.
Added by 2019 Tenn. Acts, ch. 340, s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-106 - Disclaimer of interests in property

(a)
As used in this section:
(1)
"Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation; and
(2)
"Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.
(b)
Except for a disclaimer governed by §
31-7-107
or §
31-7-108
, the following rules apply to a disclaimer of an interest in property:
(1)
The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death;
(2)
The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general;
(3)
If the instrument does not contain a provision described in subdivision (b)(2), the following rules apply:
(A)
If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist;
(B)
If the disclaimant is an individual, except as otherwise provided in subdivisions (3)(C) and (3)(D), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution;
(C)
If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died immediately before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution; and
(D)
If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes per stirpes to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution; and
(4)
Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
Added by 2019 Tenn. Acts, ch. 340, s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-107 - Disclaimer of rights of survivorship in jointly held property

(a)
Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:
(1)
A fractional share of the property determined by dividing the number one (1) by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or
(2)
All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.
(b)
A disclaimer under subsection (a) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(c)
An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-108 - Disclaimer of interest by trustee

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-109 - Disclaimer of power of appointment not held in a fiduciary capacity or other power not held in a fiduciary capacity

If a holder disclaims a power of appointment not held in a fiduciary capacity or other power not held in a fiduciary capacity, the following rules apply:
(1)
If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable;
(2)
If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power; and
(3)
The instrument creating the power is construed as if the power expired when the disclaimer became effective.
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-110 - Disclaimer by appointee, object, or taker in default of exercise of power of appointment

(a)
A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(b)
A disclaimer of an interest in property by a permissible appointee or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-111 - Disclaimer of power held in fiduciary capacity

(a)
If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(b)
If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(c)
A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-113 - When disclaimer barred or limited

(a)
A disclaimer is barred by a written waiver of the right to disclaim.
(b)
A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(1)
The disclaimant accepts the interest sought to be disclaimed;
(2)
The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
(3)
A judicial sale of the interest sought to be disclaimed occurs.
(c)
A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(d)
Unless the power is exercisable in favor of the disclaimant, a disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise.
(e)
A disclaimer is barred or limited if so provided by law other than this chapter.
(f)
A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-114 - Tax qualified customer

(a)
Notwithstanding this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to title 26 of the United States code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter.
(b)
Tax qualified disclaimers must comply with the rules set forth in
26 U.S.C. § 2518
, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, including the nine-month time limitation set forth under
26 U.S.C. § 2518(b)(2)
.
Added by 2019 Tenn. Acts, ch. 340, s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-115 - Recording of disclaimer

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as otherwise provided in §
31-7-112(g)(2)
, failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
Added by 2019 Tenn. Acts, ch. 340, s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-116 - Application to existing relationships

Except as otherwise provided in §
31-7-113
, an interest in or power over property existing on May 10, 2019 as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after May 10, 2019.
Added by 2019 Tenn. Acts, ch. 340, s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 31 - DESCENT AND DISTRIBUTION (§§ 31-1-101 — 31-7-117) › Chapter 7 - TENNESSEE DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 31-7-101 — 31-7-117) › Section 31-7-117 - Severability clause

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are declared to be severable.
Added by 2019 Tenn. Acts, ch. 340,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-101 - Chapter definitions

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.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-102 - Persons qualified to make a will

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.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-103 - Witnesses - Who may act

(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.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-104 - Will other than holographic or nuncupative - Signatures

(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.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-105 - Holographic will

No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator's handwriting must be proved by two (2) witnesses.
Acts 1941, ch. 125, § 5; C. Supp. 1950, § 8098.5; T.C.A. (orig. ed.), § 32-105.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-106 - Nuncupative will

(a)
A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be:
(1)
Declared to be the testator's will by the testator before two (2) disinterested witnesses;
(2)
Reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and
(3)
Submitted for probate within six (6) months after the death of the testator.
(b)
The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand dollars ($1,000), except that in the case of persons in active military, air or naval service in time of war the aggregate amount may be ten thousand dollars ($10,000).
(c)
A nuncupative will neither revokes nor changes an existing written will.
Acts 1941, ch. 125, § 6; C. Supp. 1950, § 8098.6; T.C.A. (orig. ed.), § 32-106.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-107 - Foreign execution

A will executed outside this state in a manner prescribed by §§
32-1-101
- 32-1-108, inclusive, or a written will executed outside this state in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution, shall have the same force and effect in this state as if executed in this state in compliance with those sections.
Acts 1941, ch. 125, § 7; C. Supp. 1950, § 8098.7; T.C.A. (orig. ed.), § 32-107.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-108 - Application of sections 32-1-101 - 32-1-108

Sections
32-1-101
- 32-1-108, inclusive, shall not apply to wills executed in this state on or before February 15, 1941, or to wills offered for ancillary probate in this state that have been admitted to probate in the state or country of the testator's domicile.
Acts 1941, ch. 125, § 8; mod. C. Supp. 1950, § 8098.8; T.C.A. (orig. ed.), § 32-108.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-109 - Requisites of will executed on or before February 15, 1941

No last will or testament executed on or before February 15, 1941, shall be good or sufficient to convey or give an estate in lands, unless written in the testator's lifetime, and signed by the testator, or by some other person in the testator's presence and by the testator's direction, and subscribed in the testator's presence by two (2) witnesses at least, neither of whom is interested in the devise of the lands.
Code 1858, § 2162 (deriv. Acts 1784 (Apr.), ch. 22, § 11); Shan., § 3895; Code 1932, § 8089; modified; T.C.A. (orig. ed.), § 32-109.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-110 - Requisites of holographic will executed on or before February 15, 1941

A paper writing, written on or before February 15, 1941, appearing to be the will of a deceased person, written by the deceased person, having the deceased person's name subscribed to it, or inserted in some part of it, and found, after the deceased person's death, among the deceased person's valuable papers, or lodged in the hands of another for safekeeping, shall be good and sufficient to give and convey lands, if the handwriting is generally known by the deceased person's acquaintances, and it is proved by at least three (3) credible witnesses that they verily believe the writing, and every part of it, to be in the deceased person's hand.
Code 1858, § 2163 (deriv. Acts 1784 (Oct.), ch. 10, § 5); Shan., § 3896; Code 1932, § 8090; modified; T.C.A. (orig. ed.), § 32-110.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-111 - Married women's power to dispose of property by will

(a)
Married women, after February 15, 1941, may dispose of their property by will according to §§
32-1-101
- 32-1-108.
(b)
Wills executed on or before February 15, 1941, by married women twenty-one (21) years of age or over, are valid to dispose of their realty or personalty, legal or equitable, in as complete manner as if executed by femes sole.
Code 1858, § 2168 (deriv. Acts 1851-1852, ch. 180, § 4); Acts 1869-1870, ch. 99, §§ 1, 6; Shan., § 3901; mod. Code 1932, § 8098; modified; Acts 1976, ch. 529, § 19; T.C.A. (orig. ed.), § 32-111.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 1 - EXECUTION GENERALLY (§§ 32-1-101 — 32-1-113) › Section 32-1-113 - Mailing or delivery of will to personal representative or clerk of court

(a)
Any person or corporation who has possession of or discovers a written instrument purporting to be the last will and testament of a decedent shall mail or deliver that instrument to the personal representative named in the instrument as soon as the person or corporation has knowledge of the death, and a photographic copy of the instrument shall be mailed or delivered to the clerk of the court having probate jurisdiction in the county of the decedent's residence.
(b)
(1)
If the personal representative, or the personal representative's address, is not known, is deceased or is not eligible to serve;
(2)
If the instrument does not name a personal representative;
(3)
If the personal representative declines to serve; or
(4)
If it appears that there is no estate that will require administration;
then the person having possession of the original instrument shall mail or deliver it to the clerk.
(c)
The receipt by the personal representative or the clerk shall relieve the person of further responsibility as to possession of the instrument.
(d)
The clerk of the court shall have no responsibility to perform any acts regarding the probate of the will and shall not accept any claims for filing against the estate unless and until the personal representative or other interested party files proper pleadings to initiate such an action.
Acts 1985, ch. 139, § 3; 1989, ch. 364, § 3.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 2 - REVOCATION (§§ 32-1-201 — 32-1-202) › Section 32-1-201 - Actions effecting a revocation of will

A will or any part thereof is revoked by:
(1)
A subsequent will, other than a nuncupative will, that revokes the prior will or part expressly or by inconsistency;
(2)
Document of revocation, executed with all the formalities of an attested will or a holographic will, but not a nuncupative will, that revokes the prior will or part expressly;
(3)
Being burned, torn, cancelled, obliterated or destroyed, with the intent and for the purpose of revoking it, by the testator or by another person in the testator's presence and by the testator's direction; or
(4)
Both the subsequent marriage and the birth of a child of the testator, but divorce or annulment of the subsequent marriage does not revive a prior will.
Acts 1985, ch. 139, § 1; 1992, ch. 951, § 8.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 1 - EXECUTION OF WILLS (§§ 32-1-101 — 32-1-202) › Part 2 - REVOCATION (§§ 32-1-201 — 32-1-202) › Section 32-1-202 - Revocation by divorce or annulment

(a)
If after executing a will the testator is divorced or the testator's marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise.
(b)
Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent but §
32-3-105
shall not apply. Other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent.
(c)
If provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse.
(d)
For purposes of this section, divorce or annulment means any divorce or annulment that would exclude the spouse as a surviving spouse within the meaning of §
31-1-102(b)
. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.
(e)
No change of circumstances other than as described in this and §
32-1-201
revokes a will.
Acts 1985, ch. 139, § 2.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-101 - Place of proving and recording will and granting letters testamentary

Wills shall be proved and recorded and letters testamentary granted in the probate court of the county where the testator had the testator's usual residence at the time of the testator's death, or, in case the testator had fixed places of residence in more than one county, in either or any of those counties.
Code 1858, § 2169 (deriv. Acts 1789, ch. 23, § 1); Shan., §3902; mod. Code 1932, § 8099; T.C.A. (orig. ed.), § 32-201.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-102 - Original will - Where kept - Transfer of will - Record of transfer

(a)
Except when a will is before the court awaiting the determination of any controversy, an original will must remain in the clerk's office of the county where the will is proved or exhibited, or other suitable facility as provided in subsection (b), and any person may have access to it, as to other records.
(b)
(1)
The clerk may transfer, as provided in subdivision (b)(2), all original wills in the clerk's possession for which at least three (3) years have elapsed since final settlement of the estate or final disposition of all actions involving the will.
(2)
A will transferred pursuant to subdivision (b)(1) must be transferred to a county archive facility or any other suitable facility that:
(A)
Stores local government records;
(B)
Is secure from theft and natural disasters; and
(C)
Has been approved by the judge of the respective court and the county public records commission.
(c)
For the purposes of subsection (b), "final disposition" means that judgment has been entered and the appeal times have lapsed for all parties.
(d)
The clerk of the court shall keep a record of each will that is transferred pursuant to subsection (b). The record must indicate the name of the testator, the date of transfer, and the location to which the will was transferred.
Amended by 2019 Tenn. Acts, ch. 79,s 3, eff. 4/3/2019.
Code 1858, § 2170 (deriv. Acts 1794, ch. 1, § 49); Shan., § 3903; Code 1932, § 8100; T.C.A. (orig. ed.), § 32-202.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-103 - Withdrawal of will for proof out of state

Whenever any will has been proved and recorded for six (6) months in any county of this state, as required by §§
32-2-101
- 32-2-104, and the will is required to be proved out of this state, the judge of probate may, on the application of the executor, so stating, duly sworn to and filed, allow the executor to withdraw the will, upon leaving a photostatic and certified copy and complying with such other terms as may be prescribed.
Code 1932, § 8101; T.C.A. (orig. ed.), § 32-203.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-104 - Proof of will generally

(a)
Written wills with witnesses, when not contested, shall be proved by at least one of the subscribing witnesses, if living. Every last will and testament, written or nuncupative, when contested, 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 petition of any interested party, the court, in its discretion, may permit the proof of any subscribing witness who is outside of the state or county or who is unable to testify in person, to be taken by interrogatories or deposition in the same manner as provided in chancery cases. For the purpose of taking interrogatories or depositions a photostatic copy of the original will may be furnished to the witness, or in the discretion of the court, the original will may be withdrawn and used in the manner prescribed by §
32-2-103
.
Code 1858, §§ 2171, 2172 (deriv. Acts 1789, ch. 23, § 1); Shan., §3904; Code 1932, § 8102; C. Supp. 1950, § 8102; Acts 1953, ch. 69, § 1; T.C.A. (orig. ed.), § 32-204.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-105 - Proof of will of person serving in armed forces

(a)
Any last will of any person in the military or naval service of the United States, made outside this state, or at sea while in military or naval service, may be admitted to probate by the probate court of the county where the testator was domiciled, upon the certificate of the colonel, lieutenant colonel, major, or commanding officer of the regiment, or captain or commandant of the vessel, setting forth that the testator acknowledged, or that the subscribing witnesses proved, the will before that officer; but the heirs or next of kin of the testator may, in like manner and time prescribed for other contests, contest the validity of the will, in which case the authentication shall be prima facie evidence.
(b)
(1)
The will of any person serving in the armed forces of the United States or any auxiliary thereto and executed while serving therein, may be admitted to probate upon proof satisfactory to the tribunal having jurisdiction over the probate of the genuineness of the signature of the maker of the will, where it first be shown that proof of due execution of the will may not be had of the subscribing witnesses to the will, if any, due to the inability to locate them, their death or the unavailability of their testimony for any reason adjudged sufficient by the tribunal having jurisdiction over the probate.
(2)
However, no such will shall be admitted to probate where the will is offered for probate more than ten (10) years from the date of a declaration by the president of the United States or a resolution of congress declaring the end of hostilities during which the will was executed and in which the testator was a member of the armed forces, and nothing provided in this subsection (b) with reference to such wills shall void modes of probating wills made by members of the armed forces, but this subsection (b) shall, as to the wills of members of the armed forces made as provided in this section, afford an additional method of probate.
Code 1858, §§ 2191, 2192 (deriv. Acts 1847-1848, ch. 82, § 2); Shan., §§ 3923, 3924; mod. Code 1932, §§ 8129, 8130; Acts 1945, ch. 24, §§ 1-4; mod. C. Supp. 1950, §8102; modified; T.C.A. (orig. ed.), §§ 32-205, 32-206.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-106 - Proof of nuncupative will

(a)
No nuncupative will shall be proved until fourteen (14) days after the death of the testator, nor until process has issued to call in the surviving spouse or next of kin, or both, if conveniently to be found, to contest it.
(b)
If the surviving spouse and next of kin, or any of them, are not so found or are out of the state, notice shall be given by publication, once a week for four (4) successive weeks, in some newspaper published in the county, or, if none is published in the county, in the one published nearest the courthouse of the county, and this notice shall be a prerequisite to the establishment of the will; also, if residence be known, by mailing a copy of the notice to them at that address by registered mail.
Code 1858, § 2166 (deriv. Acts 1784 (Apr.), ch. 22, § 16); Shan., § 3899; mod. Code 1932, §§ 8095, 8096; modified; T.C.A. (orig. ed.), § 32-207.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-107 - Effect of probate

The probate of wills in the probate courts shall be sufficient evidence of the devise of real estates.
Code 1858, § 2197 (deriv. Acts 1784 (Oct.), ch. 10, § 6); Shan., §3929; Code 1932, § 8139; T.C.A. (orig. ed.), § 32-208.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-108 - Copies of wills as evidence

Attested or certified copies of wills, or the records thereof, by the proper officer, may be given in evidence in the same manner as the originals.
Code 1858, § 2198 (deriv. Acts 1784 (Oct.), ch. 10, § 6); Shan., § 3930; mod. Code 1932, § 8140; T.C.A. (orig. ed.), § 32-209.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-109 - Original - When to be produced

(a)
When any fraud is suggested to have been committed in the drawing or obtaining of any last will, or any irregularity in the executing or attestation of the will, the party making the suggestion may insist upon the original will being produced to the court, if the original is to be found.
(b)
The court, wherever any suit is pending, and in which such a domestic will may be introduced as testimony, may compel all and every person or persons, whether in office or otherwise, to produce the will.
Code 1858, §§ 2199, 2200 (deriv. Acts 1784 (Oct.), ch. 10, § 6); Shan., §§ 3931, 3932; mod. Code 1932, §§ 8141, 8142; T.C.A. (orig. ed.), § 32-210.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-110 - Affidavit of witnesses to prove will

Any or all of the attesting witnesses to any will may, at the request of the testator or, after the testator's death, at the request of the executor or any person interested under the will, make and sign an affidavit before any officer authorized to administer oaths in or out of this state, stating the facts to which they would be required to testify in court to prove the will, which affidavit shall be written on the will or, if that is impracticable, on some paper attached to the will, and the sworn statement of any such witness so taken shall be accepted by the court of probate when the will is not contested as if it had been taken before the court.
Acts 1972, ch. 568, § 1; T.C.A., § 32-211.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 2 - PROBATE OF WILLS (§§ 32-2-101 — 32-2-111) › Section 32-2-111 - Admission to probate for establishing a muniment of title to real estate and personal property

Regardless of the date of the person's death and any limitation on the time for admitting a will for probate, any will when duly proven, whether of a resident or nonresident decedent, may be admitted to probate for the limited purpose of establishing a muniment of title to real estate and personal property, without the necessity of granting letters testamentary or otherwise proceeding with administration.
Acts 1997 , ch. 426, § 19; 2002, ch. 735, §7; 2007 , ch. 8, § 3.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-101 - Operation of will

A will shall be construed, in reference to the real and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, and shall convey all the real estate belonging to the testator, or in which the testator had any interest at the testator's decease, unless a contrary intention appear by its words in context.
Code 1858, § 2195 (deriv. Acts 1851-1852, ch. 180, § 2); Shan., §3927; Code 1932, § 8133; T.C.A. (orig. ed.), § 32-301.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-102 - Devise of land

Every devise shall convey the entire estate of the testator in the lands, unless the contrary intent plainly appear from the words and context of the will.
Code 1858, § 2164 (deriv. Acts 1784 (Apr.), ch. 22, § 12); Shan., §3897; Code 1932, § 8091; T.C.A. (orig. ed.), § 32-302.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-103 - Pretermitted child

(a)
A child born after the making of a will, either before or after the death of the testator, inclusive of a mother-testator, not provided for nor disinherited, but only pretermitted, in the will, and not provided for by settlement made by the testator in the testator's lifetime, shall succeed to the same portion of the testator's estate as if the testator had died intestate.
(b)
Toward raising the portion of such child, the devisees and legatees and other heirs shall contribute out of the parts devised, or bequeathed to, or settled upon them by the testator, in the proportion borne by their respective devises, legacies, or settlements to the whole estate of the testator.
Code 1858, §§ 2193, 2194 (deriv. Acts 1823, ch. 28, § 1); Shan., §§ 3925, 3926; Code 1932, §§ 8131, 8132; T.C.A. (orig. ed.), §§ 32-303, 32-304.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-104 - Death of class member before time of enjoyment

Where a bequest, devise, conveyance, transfer or gift is made to a class of persons subject to fluctuation by increase or diminution of its number in consequence of future births or deaths, and the time of payment, distribution, vestiture or enjoyment is fixed at a subsequent period or on the happening of a future event, and any member of the class dies before the arrival of that period or the happening of that event, and has issue surviving when the period arrives or the event happens, that issue shall take the share of the property that the member so dying would take if living, unless a clear intention to the contrary is manifested by the will, deed or other instrument.
Acts 1927, ch. 13, § 1; mod. Code 1932, §§ 7598, 8092; T.C.A. (orig. ed.), § 32-305.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-105 - Death of devisee or legatee before death of testator

(a)
Whenever the devisee or legatee or any member of a class to which an immediate devise or bequest is made, dies before the testator, or is dead at the making of the will, leaving issue that survives the testator, the issue shall take the estate or interest devised or bequeathed that the devisee or legatee or the member of the class, as the case may be, would have taken, had that person survived the testator, unless a different disposition thereof is made or required by the will.
(b)
Subsection (a) shall apply also to a revocable (living) trust that became irrevocable upon the death of its settlor or grantor. The surviving issue of a beneficiary who predeceased a settlor or grantor shall take the trust interest the beneficiary would have received had the beneficiary survived the settlor or grantor, unless the trust agreement provides otherwise.
Code 1858, § 2196 (deriv. Acts 1851-1852, ch. 180, § 3); Shan., §3928; Code 1932, § 8134; Acts 1941, ch. 61, § 1; C. Supp. 1950, § 8134; T.C.A. (orig. ed.), § 32-306; Acts 1989, ch. 364, §4; 1997 , ch. 426, § 20.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-106 - Testamentary additions to trusts

(a)
(1)
A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator's will and its terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size or character of the corpus of the trust).
(2)
The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.
(3)
Unless the testator's will provides otherwise, the property so devised or bequeathed:
(A)
Shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given; and
(B)
Shall be administered and disposed of in accordance with the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of the testator's will) and, if the testator's will so provides, including any amendments to the trust made after the death of the testator.
(4)
A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse.
(b)
This section shall have no effect upon any devise or bequest made by a will executed prior to March 17, 1961.
(c)
This section shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
(d)
This section shall be known and may be cited as the "Uniform Testamentary Additions to Trusts Act."
Acts 1961, ch. 303, §§ 1-4; T.C.A., § 32-307.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-107 - Contracts to make or revoke wills

(a)
A contract to make a will or devise, or not to revoke a will or devise, or to die intestate can be established only by:
(1)
Provisions of a will stating material provisions of the contract;
(2)
An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(3)
A writing signed by the decedent evidencing the contract.
(b)
The execution of a joint will or mutual wills does not create a presumption of a contract to make a will, or to refrain from revoking a will.
Acts 1977, ch. 88, §§ 1, 2; 1978, ch. 745, § 1; T.C.A., § 32-308.