(a) Upon the trial of the issue in case of a written will with witnesses, it shall be proved by all the living witnesses, if to be found, and by such other persons as may be produced to support it.
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Terms Used In Tennessee Code 32-4-105

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testator: A male person who leaves a will at death.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) Upon the contest of a holographic will, if the holographic will was written within thirty (30) days prior to a testator‘s death and the testator died by suicide, then there is a presumption of suspicious circumstances and the proponent of the will has the burden of presenting evidence demonstrating that the testator had the capacity to execute the will.
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