Can You Contest a Will in Tennessee? (When and How)

Your father died and left everything to your sister. Or your grandmother's will suddenly appeared leaving her entire estate to a caregiver you barely knew. Or your brother got the house while you got nothing. You're angry, hurt, and convinced the will must be invalid.

Can you contest it? Maybe. Should you contest it? That's a different question entirely.

Let me give you the reality check most attorneys won't provide up front: will contests are difficult, expensive, and usually unsuccessful. Tennessee law deliberately makes it hard to overturn a will. Not because the system is rigged, but because the alternative—constant litigation over every estate—would be worse.

The Uncomfortable Truth About Will Contests

Here's what you need to understand before calling a lawyer about contesting a will: Tennessee law presumes that wills are valid. The burden of proof falls entirely on the person challenging the will.

This means you must prove—with evidence, not feelings—that something legally invalid happened. And "I don't think this is fair" isn't a legal argument.

Who Can Actually Contest a Will?

You can't contest a will just because you don't like it. Tennessee law requires "standing"—a legal interest in the outcome.

You Likely Have Standing If You Are:

• An heir at law: Someone who would inherit if there were no will (spouse, children, parents, siblings)
• A beneficiary in a prior will: Named in an earlier will that's been superseded
• A creditor: Owed money by the deceased with a legitimate claim

You Don't Have Standing If You Are:

• A friend who thinks you should have inherited
• A distant relative with no inheritance rights
• Someone who was never in any version of the will
• An heir who simply received less than you think you deserve

Standing is a threshold requirement. Without it, your case gets dismissed before you even argue the merits.

Valid Grounds for Contesting a Will in Tennessee

Tennessee recognizes only specific legal grounds for will contests. Let's break them down honestly:

1. Lack of Testamentary Capacity

What it means: The person didn't have the mental capacity to understand what they were doing when they signed the will.

The legal standard: They must have understood:

• They were making a will
• The nature and extent of their property
• Who their natural heirs were (family members)
• How the will distributed their property

The reality: This is harder to prove than you think. Having dementia doesn't automatically mean someone lacked capacity. Tennessee law sets a low bar for capacity—much lower than capacity to manage business affairs or make medical decisions.

You need medical evidence, testimony from people who interacted with the person around the time of signing, and ideally expert witnesses. "Mom was confused sometimes" doesn't cut it.

2. Undue Influence

What it means: Someone exerted improper pressure that overpowered the person's free will and caused them to make a will they otherwise wouldn't have made.

What it's NOT:

• Normal persuasion ("Dad, you should leave me the house")
• Taking care of someone and becoming close
• Being present when the will was signed
• Having a relationship with someone while their family was distant

The reality: Undue influence is the most common allegation and the hardest to prove. Tennessee courts recognize that elderly people often depend on caregivers and may naturally want to reward them. That's not automatically undue influence.

You must show the person was susceptible (weakened mental state, isolation), someone had the opportunity to influence (access and control), and they actually exerted improper influence (threats, isolation from family, misrepresentations), resulting in an unnatural disposition.

3. Fraud or Forgery

What it means: The will was forged, or someone lied to the person about material facts that affected their decisions.

Examples:

• Someone forged the deceased's signature
• Someone told the deceased "Your son stole from you" (false) causing disinheritance
• Someone substituted different pages into the will without the person's knowledge

The reality: True fraud and forgery are rare. Handwriting experts can be used to verify signatures. Witnesses to the signing must testify they saw the person sign voluntarily.

4. Improper Execution

What it means: The will doesn't meet Tennessee's formal requirements.

Tennessee requirements (TN Code § 32-1-104):

• In writing
• Signed by the testator (or by someone in their presence at their direction)
• Signed by at least two witnesses
• Witnesses must sign in the presence of the testator

The reality: Most attorneys know these rules. Properly executed wills rarely fail on technical grounds. But if you have a handwritten will or one without witnesses, this might be your strongest argument.

5. Revocation

What it means: The will was revoked by a later will, or the person intentionally destroyed it.

The reality: If a newer will exists, the older will is automatically revoked to the extent they conflict. If someone produces a later will, that's usually dispositive.

Grounds That Are NOT Valid

Here's what doesn't matter in Tennessee will contests, no matter how unfair it seems:

• "This isn't fair": Fairness is not a legal standard
• "My parent promised me": Oral promises don't override written wills
• "I took care of them": Caregiving doesn't create legal inheritance rights
• "My sibling was estranged": Parents can leave property to estranged children
• "They were influenced by their spouse": Spouses are allowed to influence each other
• "They changed their mind right before death": People can change wills at any time if they have capacity
• "The lawyer made a mistake": That's a malpractice claim against the lawyer, not grounds to invalidate the will

The Process of Contesting a Will

If you have legitimate grounds and standing, here's what actually happens:

1. File a Formal Contest

You must file a petition with the probate court, typically within two years of the will being admitted to probate. Some circumstances may allow longer, but don't wait.

2. Discovery Phase

Both sides gather evidence: medical records, financial documents, testimony from witnesses, expert evaluations. This is expensive and time-consuming.

3. Mediation or Settlement

Many contests settle before trial. The executor may offer a compromise to avoid litigation costs and uncertainty.

4. Trial

If you don't settle, you present evidence to the court. You bear the burden of proof. The other side defends the will's validity.

5. Appeal

The losing side can appeal, extending litigation for years.

The Real Cost of Will Contests

Will contests are expensive. Attorney fees commonly range from $10,000 to $50,000 or more, depending on complexity and whether the case goes to trial.

You're paying your attorney. The estate (which you might partially inherit) is paying the executor's attorney. Everyone loses except the lawyers.

Even if you win, the estate shrinks significantly due to legal fees. A $300,000 estate might be worth $200,000 by the time litigation ends.

Success rates: Most contested wills are upheld. Estimates suggest challengers lose 60-70% of cases that go to trial. Many abandon contests after discovery when they realize they lack evidence.

Before You Contest: Ask Yourself These Questions

1. Do I have standing? Am I legally entitled to challenge?
2. Do I have actual evidence? Not suspicions—evidence of incapacity, influence, or fraud?
3. Can I afford this? Do I have $15,000-$50,000 for legal fees?
4. What's the realistic best outcome? Even if I win, what do I actually get?
5. Is there a settlement possibility? Would the executor negotiate to avoid litigation?
6. What's my real motivation? Justice, money, or hurt feelings?

When Contesting Actually Makes Sense

There are legitimate situations where contesting a will is appropriate:

• Strong medical evidence of incapacity at the time of signing
• Documentary evidence of undue influence (threatening messages, isolation tactics, financial exploitation)
• Clear evidence of fraud or forgery
• Technical execution failures in an unwitnessed or improperly signed will
• A later will exists that was hidden or suppressed

If you have these, consult an experienced probate litigation attorney. Be prepared for a long, expensive process, but you might have a legitimate case.

Frequently Asked Questions

The Bottom Line

Can you contest a will in Tennessee? Yes, if you have standing and valid grounds.

Should you? That depends on whether you have actual evidence—not just hurt feelings or a sense of unfairness.

The legal system intentionally makes will contests difficult. This protects testamentary freedom and prevents endless litigation over every estate. It's frustrating when you're on the receiving end of what feels like an unjust will, but the alternative—allowing anyone to challenge any will for any reason—would create chaos.

If you're considering a will contest, talk to an experienced probate attorney who will give you an honest assessment of your chances. Some attorneys will take any case. Good attorneys will tell you when you're wasting your time and money.

And if you're the one writing a will? This is exactly why you should work with an attorney, follow all formalities, and—if you're making unconventional choices—document your reasoning. It makes contests much harder to sustain.