Kentucky Estate and Personal Planning FormsIncluding Will, Power of Attorney and Living Will, Estate Planning Questionnaire and Worksheets. Complete legal Information. |  |
Kentucky Estate Law Summary
Note: You can also Access a Personal Planning Package for the State of Kentucky. or Prepare a Will OnlineNote: This summary is not intended to be an all inclusive summary of the law of wills in Kentucky, but does include basic and other provisions. Hand written wills, or wills where the testator cannot sign his or her name are not included.
Persons competent to make - What may be disposed of: Any person of sound mind and eighteen (18) years of age or over may by will dispose of any estate, right, or interest in real or personal estate that he may be entitled to at his death, which would otherwise descend to his heirs or pass to his personal representatives, even though he becomes so entitled after the execution of his will. KRS Chapter 394.00
Minor can make will, when: No person under eighteen (18) years of age can make any will, except in pursuance of a power specially given to that effect, and except also, that a parent, though under eighteen (18) years of age, may by will appoint a guardian for his child. KRS Chapter 394.00, 394.030.
Requisites of a valid will: No will is valid unless it is in writing with the name of the testator subscribed thereto by himself, or by some other person in his presence and by his direction. If the will is not wholly written by the testator, the subscription shall be made or the will acknowledged by him in the presence of at least two (2) credible witnesses, who shall subscribe the will with their names in the presence of the testator, and in the presence of each other. KRS Chapter 394.00, 394.040.
Contract to make a will - Not to revoke will - Not to die intestate:
(1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after June 16, 1972, can be established only by:
(a) Provisions of a will stating material provisions of the contract;
(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(c) A writing signed by the decedent evidencing the contract.
(2) The execution of a joint will or mutual wills gives rise to no presumption of a contract not to revoke the will or wills. KRS Chapter 394.00, 394.540.
Note: Click Here for a Personal Planning Package for Kentucky.
Revocation of will -- How effected: No will or codicil, or any part thereof, shall be revoked, except:
(1) By subsequent will or codicil;
(2) By some writing declaring an intention to revoke the will or codicil, and executed in the manner in which a will is required to be executed; or
(3) By the person who made the will, or some person in his presence and by his direction, cutting, tearing, burning, obliterating, canceling, or destroying the will or codicil, or the signature thereto, with the intent to revoke. KRS Chapter 394.00, 394.080
Nonrevocation of will by marriage of testator: A will shall not be revoked by the marriage of the person who made the will.
Effect of divorce or annulment of marriage of testator: If after executing a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse. KRS Chapter 394.00, 394.090
Will may be deposited with clerk for safekeeping: A will may be deposited by the person making it, or anyone for him, with the county clerk of the county of his residence for safekeeping, upon payment of a fee as provided for in KRS 64.012 to the clerk. The clerk shall receive, keep, and deliver the will according to the directions on a sealed envelope. If there are no such directions, or the party entitled does not apply, the will shall be handed to and opened by the District Court, after the death of the testator, and there retained for probate. KRS Chapter 394.00, 394.110
Description - Kentucky Life Documents Planning Package, including Will, Power of Attorney and Living Will
The Legal Life Documents Personal Planning Package contains essential life documents, information on how to organize life documents and other products. The documents in this package are State Specific.
This package contains the following forms:
- Last Will
- General Durable Power of Attorney
- Statutory Living Will
- Affidavit that Power of Attorney in Full Force and Affect
- Estate Planning Questionnaire and Worksheets
- Personal Planning Information and Document Inventory Worksheets
- Last Will - Complete this form to detail in writing your wishes regarding who is to receive your property at death and who will administer your estate. It also enables you to appoint trustees or guardians, if applicable.
- General Durable Power of Attorney for Property and Finances Effective Immediately - This General Durable Power of Attorney is a general, durable power of attorney which is effective IMMEDIATELY. The powers granted to an Agent in this Power of Attorney are very broad. This Power of Attorney does NOT provide for health care services. This form complies with all applicable state statutory laws.
- Statutory Living Will - This Statutory Living Will form allows you to express your wishes and desires if it is determined that your death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process. It is a declaration that such procedures be withheld or withdrawn, and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfortable care.
- Affidavit that Power of Attorney in Full Force and Affect - This form is an affidavit, executed by the attorney in fact or agent stating that the attorney in fact or agent did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney, by death, disability or incompetence.
- Estate Planning Questionnaire and Worksheets - This Estate Planning Questionnaire and Worksheet is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.
- Personal Planning Information and Document Inventory Worksheets - This form enables you to document matters relevant to your life and personal planning such as the location of your important legal documents, relatives names, contact information, medical information, financial asset inventory and more.