The Testator’s Signature on the Self-proving Affidavit Does Not Cure Lack of Signature on the Will

The testator’s signature on the self-proving affidavit does not cure lack of signature on the will. The named executor offered for probate a two-page document purporting to be the decedent’s will. The testator and the witnesses had initialed page one but only the witnesses signed page two; the testator’s signature did not appear on the will. The testator and the witnesses did sign the self-proving affidavit accompanying the will. The trial court denied probate, a divided intermediate appellate court reversed, and the Tennessee Supreme Court reversed and denied probate. The court held that the will was not signed by the testator because the self-proving affidavit is a separate document which is not part of the will and stated that the court has no authority to relax the statutory requirements for properly executing a will.

Estate of Chastain, No. E2011-01442-SC-R11CV, 2012 WL 5828609 (Tenn. Nov. 16, 2012).

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.