General information about contested wills, trusts and estates in Tennessee
Call (931) 552-6000Most estates are administered without a courtroom fight, but some are not. Disagreements can arise when family members question whether a will is valid, when a trustee or executor is accused of mismanaging assets, when a beneficiary believes an interest was missed, or when heirs disagree about the meaning of a document. These matters are heard in probate court, and in the counties we serve that is usually Chancery Court.
A will contest is a lawsuit asking the court to decide whether a will should be accepted. Common grounds include that the will was not signed and witnessed as Tennessee law requires, that the person lacked the mental capacity to make a will, or that the will was the product of undue influence or fraud. Contests are fact-intensive. Evidence often includes the will itself, the witnesses, medical and financial records, and testimony from people who knew the person well. Both those who challenge a will and those who defend it have to meet legal standards, and neither side can predict how a judge or jury will see the evidence.
Timing is critical. Tennessee law generally requires a will contest or other proceeding to set aside probate to be brought within two years after the order admitting the will to probate. Missing this deadline can end the claim, regardless of its merits.
Executors, administrators, trustees and conservators are fiduciaries, which means they owe duties to the people who depend on them. Disputes can involve requests for an accounting, claims that a fiduciary favored one beneficiary over another, disagreements about fees, or requests to remove and replace a fiduciary. Another common issue is the interpretation of a poorly written document. A court may be asked to decide what the document means.
Creditors and estates also deal with each other. Tennessee has deadlines for claims against estates, discussed on our page on probate and estate administration, and disputes over those claims can end up in court.
Estate disputes involve family relationships and deadlines. Austin Maness’s practice includes estate litigation, and Albert Marks’s practice focuses on estates, so the firm can look at a dispute from both the planning side and the courtroom side. We begin by reviewing the documents and dates, explaining the options (including negotiation and mediation) and the likely court, and discussing the risks and costs. If you are thinking about how to prevent a future dispute, see wills and trusts.
Our only office is in Clarksville, and we handle matters for clients in Montgomery County (Clarksville), Stewart County (Dover), Houston County (Erin), Robertson County (Springfield), and Cheatham County (Ashland City). A contested estate is heard in the county where the estate was opened, so we confirm the county, the court and the judge’s calendar at the start.
Call to schedule a consultation about a will contest, trust dispute or other contested estate matter.
Office: 233 Dunbar Cave Road, Suite A, Clarksville, TN 37043 · Monday–Friday, 8:30 AM–5:00 PM
Email: [email protected] · Fax: (931) 645-1890
Contacting the firm does not create an attorney–client relationship. Please do not send confidential information until a relationship has been established. General information on this page is not legal advice, and every situation is different. Past matters do not predict the outcome of any future matter.