Q: Affect of Tennessee Code Anotated Revisions on Wills prepared in 2003
My Living Will, DPOA FA, DPOA HC and Last Will and Testament were prepared in 2003. My lawyer recommends doing nothing unless I have changes. My concern is sectional revisions of the TN Code. Could such revisions affect how my could be carried out?
A: Trust your lawyer's advice. Most amendments to any legislation are applicable prospectively only ( as opposed to retroactively). In other words, the intent is not to change things that have already been done, but to change things from that point forward. It seems unlikely to me that the legislature would try to effect material changes in the way your estate is distributed- it much more likely that you estate would be governed by the law that was in effect at the time the documents were prepared.
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