What Are the Requirements for a Valid Will in Kentucky

A Last Will and Testament is a legal document that outlines how a person’s assets and affairs should be handled after their death. This document allows a person to specify their wishes regarding the distribution of their property, guardianship of dependents, and any other directives they may have regarding their estate. If an individual passes away without a Will, they are said to have died “intestate.” In such situations, state laws, known as intestacy laws, will govern the distribution of the deceased’s assets. These laws can vary significantly from one state to another and may not align with the deceased’s personal wishes, potentially leading to disputes among surviving family members or loved ones.

Even though a Will is among the most frequently used estate planning documents, many still wonder what constitutes a valid Will. The article below will further examine these requirements in Kentucky.

Who Can Create a Will in Kentucky?

In Kentucky, specific criteria must be met for an individual, known as the testator, to lawfully create a Will. These requirements include the following:

Minimum Age Requirement

To create a valid Will, a testator must be at least 18 years old. However, Kentucky law provides an exception for individuals younger than 18. If they are parents with a child, they are permitted to draft a Will. This document can then be used to designate a guardian for their child, ensuring that the child is cared for by someone they trust, even if they are not yet of legal age.

Capacity for Sound Mind

The testator must be of sound mind when creating and signing the Will. This requires mental competency, allowing them to grasp the act’s nature and repercussions. It also means the testator should fully understand the value of their assets and the consequences of their choices about estate distribution.

Does Kentucky Have a Statutory Will?

Kentucky does not provide a statutory Will or specific legal language for a Will to be considered valid. This allows individuals the flexibility to either write their own Will or seek professional guidance from an estate planning attorney to ensure their wishes are properly documented.

Different Types of Wills in Kentucky

In Kentucky, the traditional and most commonly accepted form of a Will is typed or printed. However, individuals need to be aware of the different types of Wills that exist and their respective acceptability under state laws.

Handwritten Will

A handwritten Will must be entirely written by the testator’s hand. If it is not, it must be signed and dated by the testator in front of two witnesses, who are also required to sign the document. If a Will fails to satisfy these criteria—particularly the absence of witness signatures—it is considered invalid in Kentucky.

Oral Will

An oral Will is one that is spoken rather than written. In Kentucky, such Wills are not recognized as valid. As a result, any verbal statements made about the distribution of one’s assets upon passing will not hold legal weight.

Electronic Will

An electronic Will is created, signed, witnessed, or notarized electronically. However, Kentucky does not currently accept electronic Wills. This means that individuals who wish to create a Will in Kentucky must still follow traditional methods involving physical documents and signatures to ensure their wishes are legally recognized.

Contact Hoffman Walker & Knauf To Get Started on Your Will Today

Your legacy matters. Do not leave it up to fate. Allow a knowledgeable Kentucky estate planning attorney to assist you in establishing an estate plan that safeguards your assets, cares for your loved ones, and ensures your peace of mind.  Contact Hoffman Walker & Knauf today to get started.