If a will is written entirely by hand, which is known as a holographic will, as recognized in the state of Kentucky, no witnesses are required. However, if the will has not been entirely handwritten by the testator, the testator must sign and acknowledge the will in front of two credible witnesses. It should be noted that oral wills, also known as nuncupative wills, are not recognized in Kentucky. Not surprisingly, in this age of social distancing, I was asked if you could make a valid will without leaving your home and without witnesses. In Kentucky, you can legally write your own will without leaving the comfort of your home and without witnesses present to see how you sign it. No matter what stage of your life is, from buying your first home to the birth of your first grandchild, you may want to make a will or update your current will to determine what happens to your assets and assets when you pass it on. There are many forms of self-help that you can use, especially if you have little wealth. However, with more extensive resources, you may want to talk to an experienced estate planning lawyer in Kentucky about your options, including executing wills, trusts, and extended health policies. Kentucky also allows holographic wills. These are wills drawn up and signed by the testator.

Holographic does not need witnesses for the will, but they do need a witness to verify the testator`s handwriting. It is true that a will written entirely in the hand of the testator (testamentary author) can be valid in Kentucky. This is called a “holographic will.” However, the requirements for a valid will are specific and necessary for a will to be reviewed. KRS 394.040 They apply to wills drawn up by lawyers and non-lawyers. Many laymen prefer that a lawyer who is familiar with the legal requirements drafts and executes the document correctly in order to minimize the possibility of the estate being denied. In the end, a will is worthless if it is not done well. A legal team with a complete understanding of estate planning is your best option when it comes to planning for the future. They know the details of Kentucky`s laws and policies, especially the requirements of a valid will.

Note: State laws are constantly common, so you should check the laws you read by doing your own legal research or contacting an attorney. Get personalized advice and ask your legal questions. Many lawyers offer free consultations. Whether you decide to write your will by hand or have a will copied and drafted by a lawyer, it is important to understand if the will you currently have or are trying to draft is valid. An invalid will or a contested will could lead to unintended consequences; Therefore, it is imperative to consider these results and think about what could be done to avoid or protect oneself from them. Kentucky recognizes holographic wills. KRS 394,040 These are wills entirely written by the testator. (The testator is a person who makes a valid will.) The entire document must be entirely written by the testator. No part of it should be typed. Other states have different laws regarding wills, and holographic wills may not be recognized in other states to ensure that your will is legal and can be admitted to the estate, it should meet these minimum requirements. Making a final will and a will is crucial to planning the distribution of your estate (assets, including real and personal property) after your death. Kentucky wills give the testator, the person who writes the will, the opportunity to ensure that a spouse, children and other loved ones are taken care of after their death.

You can also choose to leave property or make other donations to nonprofits through your Kentucky will. Kentucky recognizes holographic or handwritten wills; Such a will must be entirely drawn up by the testator and signed and dated by the testator to be valid. In addition, a holograph will must still be proven in court to be valid. This means that the evidence must be presented to the court that the testator has prepared it. For a holograph will, this could be done by testifying two witnesses who can recognize the testator`s handwriting. If two of these witnesses cannot be found, another type of evidence, such as the opinion of a handwriting expert, must be used to prove the will in court. This can take a long time and significantly increase lawyers` fees. Most wills prepared by a competent lawyer are self-proven, which means they do not need witnesses in court to be proven. Self-tried wills avoid delays and reduce the cost of succession. Kentucky also regulates how a will can be created, revoked, updated, and revised (administered or transferred) through its will laws.

The following table describes Kentucky`s most important testamentary laws. One thing to keep in mind is that handwritten wills are harder to update than those written in a word processor, and updating a handwritten will by crossing words and sentences can create confusion for the court. Your will and estate plan should be updated from time to time, especially if you are going through an important life event such as marriage, divorce, birth or adoption of a child or grandchild. An estate planning lawyer will help you update your will as needed to make sure it fits your life stage. As a lawyer, I have always enjoyed reading wills prepared by a layman. Wills created by special software or online services can also cause problems. Such wills can lead to probate problems that may require interpretation of the will, delay administration, increase legal fees, and contain unrealistic provisions that cannot be followed. Even the wills I saw, which were copies of valid wills, still had problems when they were included in the estate because the testator had copied provisions that were not true or had not been properly executed. A testator can use a will for a variety of purposes, but the most important thing is to express how assets such as real estate, vehicles, jewelry, business assets, bank accounts, and cash should be divided after the testator`s death. A final will in Kentucky can also allow you to appoint someone as your children`s legal guardian.

While the Commonwealth of Kentucky does not require wills to be typed or scanned and handwritten wills to be recognized, there are important steps to follow and careful considerations to keep in mind to ensure your will works the way you want it to. Ultimately, your will and estate plan are most likely to succeed with the help and guidance of an experienced lawyer. You can make sure that your belongings are protected and passed on to your loved ones as you intended. A holograph will can be fatal to your wishes in the event of a dispute over a will. More than we would like to think, wills can lead to hurt feelings, resentment, and dissatisfaction. Parents who have been excluded from a will may try to challenge it by arguing that you were not in your good mind when it was made. Evidence may include physical infirmity or disease, an unnatural pattern of distribution, and even the document itself. In a will contest, poor grammar or messy writing can look like incapacity.

For example, the Kentucky Court of Appeals, when finding undue influence in a recent case, noted that “the will itself could be considered proof of mental capacity due to spelling errors in the beneficiary`s name” and concluded that “[a] jury could reasonably conclude that a testator correctly uses the name of the sole beneficiary without diminishing mental capacity. Write… Rothwell vs Singleton, 257 P.W.3d 121 (2008). Although a final will and a will are not required by law, without a will, the laws of the state (called the laws of intestate) determine the division of the deceased`s property. However, the result may not be in accordance with the wishes of the deceased (the deceased person), which means that it is generally advisable to make a final will. Under Kentucky law, wills are only valid if they are written and signed by the testator (the person who issues the will). If the will is not written in its entirety in the testator`s handwriting, the testator must sign it in the presence of two or more credible witnesses, who then sign their names in the presence of the testator and among themselves. If a will is entirely handwritten, it does not require witnesses, but they are still highly recommended. There are still many problems with holographic wills. They are usually prepared by people who do not know how to prepare wills and cause significant problems if they are later admitted to the probate court.