5 Practical Strategies for Avoiding a Tennessee Will Contest

Published On - June 12, 2025

Stan Bennett Will

Like most people, you likely view the ability to create a Last Will and Testament as an opportunity to decide exactly how your assets will be distributed after your death. As such, your Will serves as a fundamental part of your estate plan, offering you significant peace of mind. Unfortunately, even a carefully drafted Will can face challenges during the probate process and if someone successfully contests your Will, your wishes might not be honored after all. The possibility of a Will contest makes it important to take proactive steps to limit the chances of that happening. With that in mind, an estate planning attorney at Bennett | Michael | Hornsby offers five practical strategies for avoiding a Tennessee Will contest.

Understanding a Tennessee Will Contest

After someone dies, their estate typically goes through probate, a legal process during which your Will is submitted to court for authentication and administration. The probate court oversees identifying and valuing your assets and transferring them to the beneficiaries named in your Will. Probate also offers an opportunity for interested parties, such as family members or heirs, to object to the validity of the Will. In Tennessee, a Will can be contested on several grounds, including lack of capacity, undue influence, fraud, improper execution, or the existence of a more recent valid Will. If a Will contest succeeds, the court may set aside your Will and either recognize a prior version or distribute your estate according to Tennessee’s intestate succession laws. 

Strategies to Prevent a Tennessee Will Contest 

While there is no way to completely eliminate the risk of a Will contest, there are effective strategies you can use to significantly reduce that risk, such as:

  • Add a No-Contest Clause to Your Will. Including a no-contest clause, also known as an “in terrorem” clause, in your Will can discourage legal challenges by penalizing anyone who contests it without probable cause. In Tennessee, these clauses are enforceable, provided the challenger does not have a valid legal reason for objecting. For instance, suppose you want to disinherit your daughter who would stand to inherit $100,000 under Tennessee’s intestate succession laws. Using a no-contest clause, you might leave your daughter $25,000 but she stands to lose that inheritance if she contests your Will. She then has the option to accept the guaranteed $25,000 or risk losing everything if she pursues, and loses, a Will contest. 
  1. Include a Letter of Instruction with Your Estate Plan. If discussing your Will in advance feels uncomfortable, another approach is to include a Letter of Instruction alongside your estate planning documents. While not legally binding, this letter can express your thoughts and reasons behind the choices you made. For example, if you decide to leave a larger share of your estate to one child due to their financial need or caregiving role, explaining your reasoning in a written statement may deter future objections. This simple addition can offer emotional closure for beneficiaries and limit claims of undue influence or misunderstanding.
  2. Undergo a Medical Evaluation Before Signing Your Will. Alleging that the Testator lacked “testamentary” capacity is a frequent basis for challenging a Will. To help prevent this type of claim, consider scheduling a comprehensive medical evaluation before you execute or revise your Will. Having documentation from a licensed medical provider attesting to your mental clarity and decision-making ability at the time of signing can serve as persuasive evidence if your capacity is questioned during the probate of your Will. A doctor’s testimony may make it much harder for anyone to argue that you did not understand what you were doing when the Will was created.
  3. Communicate with Family Members in Advance. One of the most common reasons someone contests a Will is that they are surprised by its terms. If an heir is caught off guard by their inheritance, or lack thereof, they may become suspicious or upset, which can lead to a court battle. While discussing estate plans is never easy, having open conversations with your family about your intentions can reduce confusion, misunderstandings, and bitterness after you are gone.
  4. Work with an Experienced Estate Planning Attorney. While creating your own Will using online templates might seem convenient, it often opens the door to legal complications. In Tennessee, a Will must meet specific legal requirements regarding form, signature, and witness procedures. Errors in these areas can render the document invalid or lead to ambiguity that invites dispute. Working with a skilled estate planning attorney ensures your Will complies with all state laws and clearly reflects your intentions. In addition, your attorney can serve as a reliable witness if your mental capacity or the Will’s validity is ever questioned. 

Contact a Murfreesboro Estate Planning Attorney 

If you have additional questions or concerns about what you can do to prevent a Will contest in Tennessee, contact an experienced Murfreesboro estate planning attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.

 

Stan Bennett
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