Simple Will - Tennessee

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Revocation of Prior Wills
   3.2 Payment of Debts & Expenses
   3.3 Specific Bequests
   3.4 Residuary Estate
   3.5 Appointment of Personal Representative (Executor)
   3.6 Appointment of Guardian(s) for Minor Children
   3.7 Dispositive Fail-Safe (Ultimate Takers)

4. Representations & Warranties

5. Covenants & Restrictions (No-Contest; Spendthrift)
6. Default & Remedies (Will Contest)
7. Risk Allocation (Executor Indemnification; Liability Cap)
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Self-Proving Affidavit (Tennessee)

1. DOCUMENT HEADER

This Last Will and Testament (“Will”) is executed on [EFFECTIVE DATE], by [TESTATOR FULL LEGAL NAME], currently residing at [TESTATOR ADDRESS] (“Testator”), pursuant to the laws of the State of Tennessee, specifically Tenn. Code Ann. title 32 (“Tennessee Probate Code”).

Testator, of sound mind and disposing memory, declares this Will to be Testator’s last will, revoking all prior wills and codicils.

2. DEFINITIONS

In this Will, capitalized terms have the meanings below. Terms defined in the singular include the plural and vice-versa.
“Assets” means all property, real and personal, tangible and intangible, wherever situated, that is subject to Testator’s disposition at death.
“Beneficiary” means any person or entity entitled to receive a distribution under this Will.
“Children” means the biological and legally adopted children of Testator, and excludes stepchildren unless expressly named.
“Estate” means the probate estate of Testator administered under this Will.
“Personal Representative” (used interchangeably with “Executor”) means the person(s) nominated in Section 3.5.
“Residuary Estate” means all Assets not effectively disposed of by prior provisions of this Will or by non-probate transfers.

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Wills

All prior wills and codicils executed by Testator are hereby revoked in their entirety, pursuant to Tenn. Code Ann. § 32-1-201, which recognizes revocation by a subsequent will, a document of revocation executed with the formalities of an attested or holographic will, a revocatory physical act, or (as to certain provisions) operation of law.

3.2 Payment of Debts & Expenses

3.2.1 The Personal Representative shall first pay all enforceable debts, last illness and funeral expenses, estate administration costs, and taxes lawfully due.
3.2.2 Debts secured by real property shall be paid, assumed, or otherwise satisfied in the Personal Representative’s discretion, subject to the Beneficiary’s right to elect assumption if permitted by the lender.

3.3 Specific Bequests

I give the following property free of all debts and expense of administration (except as expressly stated) to the persons named:
a. [DESCRIPTION OF ITEM OR AMOUNT] to [BENEFICIARY NAME].
b. [ADD ADDITIONAL BEQUESTS AS NEEDED].

3.4 Residuary Estate

Subject to Sections 3.2 and 3.3, I give all of my Residuary Estate to [PRIMARY RESIDUARY BENEFICIARY NAME].
3.4.1 If [PRIMARY RESIDUARY BENEFICIARY NAME] does not survive me by thirty (30) days, the Residuary Estate shall instead pass to [ALTERNATE RESIDUARY BENEFICIARY NAME].
3.4.2 Per-stirpes distribution is intended unless expressly stated otherwise.

3.5 Appointment of Personal Representative

3.5.1 I nominate [PRIMARY EXECUTOR NAME] as Personal Representative.
3.5.2 If [PRIMARY EXECUTOR NAME] is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME].
3.5.3 The Personal Representative shall serve without bond, except as the probate court may otherwise require.

3.6 Appointment of Guardian(s) for Minor Children

If at my death any of my Children are under eighteen (18) years of age, I nominate [PRIMARY GUARDIAN NAME] as guardian of the person and estate of such minor Child(ren). [SUCCESSOR GUARDIAN NAME] is nominated as alternate guardian.

3.7 Dispositive Fail-Safe (Ultimate Takers)

If no Beneficiary survives me, my Estate shall pass in equal shares to [CHARITY/HEIRS OF LAST RESORT]; if none survive, then to my heirs at law determined under Tennessee intestacy statutes as of the date of my death.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Testator represents that Testator is at least eighteen (18) years old and of sound mind.
4.2 Voluntary Act. Execution of this Will is Testator’s free and voluntary act, free from undue influence.
4.3 Marital Status. Testator is [SPOUSE NAME / Single].
4.4 Children. Testator’s living Children are: [LIST NAMES OR “None”].

5. COVENANTS & RESTRICTIONS

5.1 No-Contest Clause. Any Beneficiary who directly or indirectly contests this Will (except to correct scrivener’s error) shall forfeit all interests herein, and such interests shall pass as if the contesting Beneficiary had predeceased Testator; provided, however, that under Tennessee law this forfeiture shall not apply, and the contesting Beneficiary's interest shall not be forfeited, if the contest is brought and pursued in good faith and upon probable cause. Tate v. Camp, 147 Tenn. 137 (1922); Winningham v. Winningham, 966 S.W.2d 48 (Tenn. 1998).
5.2 Spendthrift Protection. Distributions made under this Will shall not be subject to voluntary or involuntary alienation by any Beneficiary before actual receipt.

6. DEFAULT & REMEDIES

6.1 Event of Default. A “Contest” includes filing any pleading seeking to invalidate or modify this Will or seeking appointment of a personal representative other than as nominated herein.
6.2 Remedies.
a. Forfeiture under Section 5.1.
b. The Personal Representative may seek injunctive relief in the court exercising probate jurisdiction over [COUNTY], Tennessee to enforce the no-contest clause (“Will Contest Remedy”), subject to the good-faith/probable-cause carve-out in Section 5.1.
c. All attorneys’ fees and costs incurred by the Estate in defending the Will shall be charged first against the share of the contesting Beneficiary, if any.

7. RISK ALLOCATION

7.1 Executor Indemnification. The Estate shall indemnify and hold the Personal Representative harmless from any loss, liability, or expense arising out of good-faith administration, except for losses resulting from the Personal Representative’s willful misconduct or gross negligence.
7.2 Limitation of Liability. Liability of the Personal Representative is limited to the Assets of the Estate; no personal liability shall attach absent willful misconduct or gross negligence.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Will, and all questions relating to its validity, interpretation, and administration, shall be governed by and construed in accordance with the laws of the State of Tennessee.
8.2 Forum Selection. Exclusive jurisdiction and venue for any proceeding relating to this Will shall lie in the court exercising probate jurisdiction in [COUNTY], Tennessee (the “Probate Forum”). Tennessee does not have a single statewide "Probate Court": pursuant to Tenn. Code Ann. § 16-16-201, probate jurisdiction is vested in the Chancery Court of the county of Testator's residence unless another court has been given that jurisdiction by public, private, or local act. Only Davidson and Shelby Counties have a separate, legislatively created Probate Court, and Knox County's Chancery Court maintains a designated Probate Division; all other Tennessee counties administer probate through the county's Chancery Court.
8.3 Arbitration. Arbitration is intentionally not available for matters arising under this Will.
8.4 Jury Waiver. Jury trial is unavailable in probate proceedings under Tennessee law.
8.5 Injunctive Relief. Nothing herein limits the probate court’s equitable powers to issue temporary or permanent injunctive relief.

9. GENERAL PROVISIONS

9.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force and effect.
9.2 Headings. Section headings are for convenience only and do not affect interpretation.
9.3 Gender & Number. Masculine, feminine, and neuter include one another; singular includes plural.
9.4 Counterparts; Electronic Signatures. This Will may be executed in counterparts and by electronic or remote means to the fullest extent permitted by Tenn. Code Ann. § 32-1-104, with originals maintained as required for probate.
9.5 Integrated Instrument. This Will constitutes the entire expression of Testator’s testamentary intent except for any contemporaneously executed valid trust instrument expressly referenced herein.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Will on the date written below, in the presence of the undersigned Witnesses, who have signed at my request and in my presence and in the presence of each other, all in conformity with Tenn. Code Ann. § 32-1-104 (2024).

ATTESTING WITNESSES

We, the undersigned Witnesses, hereby declare that the Testator signed and executed this Will in our presence, declared it to be Testator’s Last Will and Testament, and requested us to act as witnesses. We affirm that the Testator appeared to us to be of sound mind and under no undue influence.

11. SELF-PROVING AFFIDAVIT (OPTIONAL, HIGHLY RECOMMENDED — Tenn. Code Ann. § 32-2-110)

STATE OF TENNESSEE )
: ss.
COUNTY OF [COUNTY] )

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], Testator, and [WITNESS #1 NAME] and [WITNESS #2 NAME], the attesting Witnesses, all personally known to me and of lawful age, who having been duly sworn, did depose and say:

1. The Testator executed the foregoing instrument as Testator’s Last Will and Testament.
2. The Witnesses witnessed Testator signing the instrument or acknowledging Testator’s signature and signed the same in the Testator’s presence and in the presence of each other.
3. At the time of execution, the Testator was of sound mind and not under any undue influence.

Subscribed, sworn to, and acknowledged before me by the Testator and the Witnesses on [DATE].

_______________________________
Notary Public
My Commission Expires: ___________

END OF DOCUMENT