What a will does,
and what it does not.

A last will and testament is a written instruction the probate court reads after your death. It names an executor to administer the estate, identifies who receives what, and, for parents of minor children, names a guardian.

It is the document of last resort. Every asset that did not pass by some other route, beneficiary designation, joint title, trust ownership, falls into the probate estate, and the will tells the court what to do with it.

It does control.

• Real estate titled solely in your name.
• Bank and brokerage accounts without a payable-on-death or transfer-on-death designation.
• Tangible personal property, vehicles, and household items.
• Business interests not otherwise transferred by buy-sell agreement.
• Anything else titled in your individual name at death.

It does not control.

• Retirement accounts with named beneficiaries (IRA, 401(k), 403(b)).
• Life insurance proceeds with named beneficiaries.
• Joint accounts with right of survivorship.
• POD and TOD accounts.
• Assets owned by a revocable living trust.

This is the seam most plans fail at. A will that disinherits the ex-spouse means nothing if the 401(k) beneficiary form still names her. We coordinate the document with the file cabinet.

Tennessee requires three things for a typed will to be valid: the testator must have capacity at the time of signing, the signing must be witnessed by two competent adults, and, ideally, the witnesses' signatures should be notarized in a self-proving affidavit.

The self-proving affidavit is not strictly required for validity, but its absence forces the probate court to call the witnesses to testify. Years later, that is often impractical. We notarize as a matter of course.

Holographic wills.

Tennessee Code Annotated § 32-1-105 permits a handwritten will, signed and dated entirely in the testator's hand, with no witnesses required. They are valid, but they are also frequently challenged, often vague, and a poor substitute for a properly executed document. Use them only as a stop-gap.

Executor.

The person who administers the estate. Pick someone organized, trustworthy, and reachable. Name a successor in case the first cannot serve. Banks and corporate trustees can serve as executors for larger estates.

Guardian for minor children.

The guardianship clause is the most important sentence in a young parent's will. Talk to the named guardian first. Name an alternate. Coordinate financial and personal guardianship intentionally if the right person for one is not the right person for the other.

Beneficiaries.

Specific bequests for items with sentimental value, residuary clause for everything else, alternate beneficiaries in case primaries predecease. We draft the clause that no one has to interpret.

• Witness conflicts, where the witness is also a beneficiary, which can void that beneficiary's gift.
• Vague language, where 'my children' is ambiguous because of step-children, adopted children, or children born after the will.
• Outdated executors, naming someone who has died, moved away, or is no longer a fit choice.
• Stale beneficiary designations, where the will and the retirement account form contradict each other.
• No guardian clause, where the parents have minor children and have never named a guardian.