Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children
Note: 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. Handwritten 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.
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
