Your Last Will and Testament: Avoiding Confusion

After having practiced law in Tennessee for the last 12 years and having drafted hundreds and hundreds of wills, I’ve come to fully appreciate the value of a Personal Property Memorandum in ensuring clarity within a Last Will and Testament.

How Tennessee Law Supports a Personal Property Memorandum

Tennessee law allows you to use a Personal Property Memorandum as an extension of your will and even a trust for the purpose of devising tangible personal property. Examples of tangible personal property include vehicles, furniture, sporting goods, antiques, and jewelry.

Potential Conflicts in Distributing Personal Property

Some individuals simply lump personal property together and distribute it to a certain individual or group, such as their children. For example, the will may read:

“My personal representative shall distribute my personal tangible property to my three children.”

Although this is an effective way to transfer property, conflict can arise. Who will receive a particular family heirloom?

Specific Bequests in a Will

Some individuals, when writing their will, may prefer a specific bequest. For example, an individual may prefer to give a wedding ring to a daughter while the son receives firearms.

Challenges of Updating a Will for Personal Property

If you include gifts of tangible personal property in the will and later acquire more items or wish to change the beneficiary, then the will must be revised or supplemented with a codicil. This can result in added costs and legal fees. Additionally, using a codicil means that the first intended beneficiary will recognize the gift was changed to a different individual.

How a Personal Property Memorandum Helps

To avoid these blunders, utilize the Personal Property Memorandum.

• Title the document specifically as a Personal Property Memorandum.
• List the individuals receiving the specified item of property.
• Include their contact information for clarity.
• If married, indicate whether the gift is made only if the spouse is deceased.
• According to TCA 32-3-115, the document must be in handwriting or signed by the individual.
• The document must be dated and describe the items with reasonable certainty.

Finalizing and Updating the Personal Property Memorandum

There should be a signature line and a date. The document is either prepared when the will is signed or afterward, but not before.

The beauty of the Personal Property Memorandum is that you can update it at any time without revising your will. Remember—good planning avoids family conflict later.