[TN] How do I document a will executed by proxy when the testator can’t sign?
Looking for additional affidavit for a TN will to be executed at the time of signing which fully conveys that the person executing the document possesses the necessary legal capacity to execute his or her documents but is choosing to execute the documents by proxy for a valid reason. Executor is elderly and although does have the mental capacity, no longer has the physical capacity due to being legally blind as well as loss of fine motor skills.
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Under Tennessee law, the execution of a will by proxy is permitted only under very narrow circumstances, and any deviation from the statutory formalities can render the will invalid. The governing statute, Tenn. Code Ann. § 32-1-104, provides that a will must be signed by the testator or “by some other person in the testator’s presence and by the testator’s direction.” This means that if the testator is physically unable to sign—due to blindness or loss of fine motor control—they may direct another person to sign on their behalf, but the direction must be clear, voluntary, and made in the presence of two attesting witnesses. Those witnesses must also sign in the presence of the testator and each other. To preserve validity, the proxy signer should sign the testator’s name followed by a notation such as “by [proxy’s name], at the direction and in the presence of [testator’s name],” which demonstrates compliance with § 32-1-104 and creates a verifiable record of the testator’s intent.
While there is no standardized Tennessee form specifically for this type of proxy execution, you can prepare an Affidavit of Execution by Proxy to accompany the will. This affidavit should affirm that (1) the testator possessed full testamentary capacity; (2) the testator knowingly and voluntarily directed another individual to sign on their behalf; (3) the execution occurred in the physical presence of the testator and the two witnesses; and (4) all statutory formalities under Tennessee law were observed (Tenn. Code Ann. § 32-1-103). The witnesses and the proxy should sign the affidavit before a notary public, creating a strong evidentiary record that the execution was valid despite the physical incapacity. This affidavit becomes part of the will’s execution package and can help prevent challenges later based on undue influence or lack of compliance with statutory formalities.
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Looking for additional affidavit for a TN will to be executed at the time of signing which fully conveys that the person executing the document possesses the necessary legal capacity to execute his or her documents but is choosing to execute the documents by proxy for a valid reason. Executor is elderly and although does have the mental capacity, no longer has the physical capacity due to being legally blind as well as loss of fine motor skills.
Lexi, Chatbot
Are you needing this form for a particular legal process or situation?
Want to use this additional form with the TN will form.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your TN will.
No, that is all.
Legal Eagle
Good day and welcome. Please give me a moment to review your question.
Thanks.
Legal Eagle
Under Tennessee law, the execution of a will by proxy is permitted only under very narrow circumstances, and any deviation from the statutory formalities can render the will invalid. The governing statute, Tenn. Code Ann. § 32-1-104, provides that a will must be signed by the testator or “by some other person in the testator’s presence and by the testator’s direction.” This means that if the testator is physically unable to sign—due to blindness or loss of fine motor control—they may direct another person to sign on their behalf, but the direction must be clear, voluntary, and made in the presence of two attesting witnesses. Those witnesses must also sign in the presence of the testator and each other. To preserve validity, the proxy signer should sign the testator’s name followed by a notation such as “by [proxy’s name], at the direction and in the presence of [testator’s name],” which demonstrates compliance with § 32-1-104 and creates a verifiable record of the testator’s intent.
While there is no standardized Tennessee form specifically for this type of proxy execution, you can prepare an Affidavit of Execution by Proxy to accompany the will. This affidavit should affirm that (1) the testator possessed full testamentary capacity; (2) the testator knowingly and voluntarily directed another individual to sign on their behalf; (3) the execution occurred in the physical presence of the testator and the two witnesses; and (4) all statutory formalities under Tennessee law were observed (Tenn. Code Ann. § 32-1-103). The witnesses and the proxy should sign the affidavit before a notary public, creating a strong evidentiary record that the execution was valid despite the physical incapacity. This affidavit becomes part of the will’s execution package and can help prevent challenges later based on undue influence or lack of compliance with statutory formalities.
Does that make sense?
Yes, it makes sense. We were already planning on executing the will as you suggested with the proxy signature language. What I don’t have is a form or format for the Affidavit of Execution by Proxy. I cannot find this form on any of the online legal form databases. Can I pay you to either create this for me or to provide a sample of such a form. Sorry about the typo. Can I pay you to either create this form for me or to provide a sample of such a form?
Legal Eagle
You're welcome to hire a local lawyer for this legal work, my friend — I am not permitted to take drafting on this forum unfortunately.
Thank you.
Legal Eagle
Of course — I'll be rooting for you, my friend.
Legal Eagle
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