09/04/2026
Under Tennessee law, a will can be revoked one of three ways:
📝 Creating a new will is the best way to void a prior will.
This is the most straightforward and legally clean method available, and it is the one we recommend in nearly every situation. This approach leaves no room for doubt on your intentions.
🔥 Destroying the old will is also acceptable, but is not the cleanest path forward.
The document must be burned, torn, cancelled, or otherwise destroyed. However, this method is far more likely to create problems than a properly executed new will. The destruction must be done by the testator, or at the testator’s direction and in the testator’s presence. You cannot hand your will to a friend and ask them to shred it on your behalf. Any and all copies of this will must also be destroyed, or else they could be admitted to probate court.
⚖️ In some circumstances, Tennessee law can automatically affect how a will is treated, even without any action by the testator.
This is called revocation by operation of law, and it is the least reliable method to count on. The most common example involves divorce. In Tennessee, when a person dies after a divorce, state law revokes provisions in the will that benefited the former spouse. This happens automatically under certain events governed by state law. However, this can create problems, especially in terms of inheritance for children and stepchildren, so it's important to update your estate plan after a life-changing event, such as a divorce.
Need to update your will? Schedule your free estate planning consultation at any of our six nearby locations!