Happy Anniversary... and the Appellate Case of In Re: Bill Morris
- robert2879
- May 1
- 3 min read
Anniversaries are important.
They offer a measurable reason to remember and celebrate a poignant moment – a stitch in time which, henceforth, changes the foreseeable future. For better or for worse, anniversaries pass annually, and not just those commemorating marriage vows. There are births and deaths; there are injuries and diagnoses; there are wins and losses; there are firsts and lasts, and in the legal world, there are court decisions. Certain ones hold the spotlight on the world stage, and others shed light in the darker corners of statute interpretation and implementation. We tend to focus attention on those years divisible by five, perhaps because those in-betweens are the maintenance efforts, and the fives are the sweet spots.
To that end, join me in recognizing and upholding the 10th anniversary of the In Re: Bill Morris Decision (2015, parties represented by attorneys from Knoxville and Winchester, TN). While I had no involvement in this particular case at any level, this court opinion affects my work, daily. It instructs the actual methods I use to complete my clients’ Wills and related papers. In Re: Bill Morris sets standards, and confirms Tennessee’s continued commitment to the conservative application of its state statutes, as opposed to loosey-goosey guesses of intent in the heated middle of unfortunate Will contests.
What is In Re: Bill Morris, you ask? Technically and summarily speaking, it is the Appellate Court decision that specifically explains Tennessee Code Annotated Section 32-1-104, and requires two witnesses to sign the Testator’s actual Will document (and not just a self-validating Affidavit) in order to be valid.
Simply put, if this clear instruction is not fulfilled, the Will is invalid, and it will not hold up in court. Such an estate will be probated as though the Testator died without a Will, and the Court will be forced to distribute all assets to the Testator’s heirs-at-law, who may not be the Testator’s choice beneficiaries.
Harsh? Perhaps. The judge who authored the opinion even acknowledged the stern results of the case (Mr. Morris’ Will was, in fact, improperly signed – and therefore, invalid). And to be fair, a grandfather clause was included for Wills completed prior to the decision. However, the message going forward is clear, and for me, it defines my protocol so that I don’t have to create one. My clients know firsthand that I follow a strict order of signatures, both for the Testator and two Witnesses, all of sound mind. I design my clients’ Wills to meet the instructions of the Tennessee Code and In Re: Bill Morris, so that when they are submitted to Probate, they pass muster, and hold firm. It takes a few more steps to meet the standards in Tennessee, but it saves a world of time and money on the other end, when emotions can be unpredictable and people need guidelines to process the moment on many levels.
So, I celebrate In Re: Bill Morris, during this 10th Anniversary year. I am thankful to work in the legal profession in the great state of Tennessee, and I will always be grateful that our Probate Courts uphold our estate-planning laws across the board, setting the bar with thoughtful explanations and accessible actions. In law school, they teach us not to “guarantee” any outcomes, but I will absolutely guarantee every client of mine that I will always do everything I can to hold that bar. I guarantee a Will-signing experience that will be en pointe, current, informed, and executed with all proper requirements.
And since we are celebrating… Happy 18th Lawyering Anniversary to me! Thank you to my family, my clients, my colleagues, our esteemed Judges and amazing Court Clerks in the Probate offices, and my dad (PK Bramlett), who has been lawyering for nearly six decades. I love what I do, and I hope that I can be of service to you along the way.
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#wills #estateplanning #probate #trusts #attorney #nashville #tennessee #planforthefuture #community #anniversaries #courtcases
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