Tennessee § 32-1-104 - Will other than holographic or nuncupative — Signatures.

§ 32-1-104. Will other than holographic or nuncupative — Signatures.

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: The testator shall signify to the attesting witnesses that the instrument is the testator's will and either: The testator sign; Acknowledge the testator's signature already made; or At the testator's direction and in the testator's presence have someone else sign the testator's name; and In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses. The attesting witnesses must sign: In the presence of the testator; and In the presence of each other. 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: The signatures are made at the same time as the testator signs the will and are made in accordance with subsection (a); and The affidavit contains language meeting all the requirements of subsection (a). 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. Acts 1941, ch. 125, § 4; C. Supp. 1950, § 8098.4; T.C.A. (orig. ed.), § 32-104; Acts 2016, ch. 843, § 1. Amendments. The 2016 amendment added (b). Effective Dates. Acts 2016, ch. 843, § 2. April 19, 2016. Cross-References. “Signature” defined, § 1-3-105 . Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 4, 7, 10, 48, 192, 196, 202, 204, 205, 237, 1032, 1033. Tennessee Forms (Robinson, Ramsey and Harwell), No. 4-601. Tennessee Jurisprudence, 25 Tenn. Juris., Wills, §§ 11, 14. Law Reviews. Non-Tax Aspects of Estate Planning (Ronald Lee Gilman), 2 Mem. St. U.L. Rev. 41 (1972). Probate—Taylor v. Holt: The Tennessee Court of Appeals Allows a Computer Generated Signature to Validate a Testamentary Will, (Chad Michael Ross), 35 U. Mem. L. Rev. 603 (2005). Procedure and Evidence — 1955 Tennessee Survey (Edmund M. Morgan), 8 Vand. L. Rev. 1071 (1955). The Form of Wills (Ernst Rabel), 6 Vand. L. Rev. 533 (1953). Attorney General Opinions. Notarization of signatures of witnesses to living wills, OAG 98-032, 1998 Tenn. AG LEXIS 32 (2/9/98).