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Kentucky is one of 27 states in the US that recognize the validity of handwritten, or holographic, wills. However, handwritten wills carry several complications that may make them non-ideal. Handwritten wills might leave out important details or fail in some way to be valid, which could complicate the mandatory probate process in Kentucky. Your best option is to consult with an estate planning attorney to ensure that any handwritten will is comprehensive and not subject to invalidation.
What Makes a Handwritten Will Valid in Kentucky?
Handwritten wills in Kentucky have different validity requirements than standard wills. In order for a handwritten will to be valid, it must be entirely in your own handwriting and have your signature and the date. Unlike typical wills, handwritten wills do not require witnesses, but someone familiar with your handwriting will have to testify that it is, indeed, yours. If the handwriting is not entirely your own, you must sign the will with two or more credible witnesses, who also sign their name after yours. A joint will that is written with two different handwritings is not valid under Kentucky law.
How a Handwritten Will Can Cause Problems in Probate in Kentucky
A handwritten will does not change the specific process of probate in Kentucky. As long as it is valid, the will goes through probate just like any other valid non-handwritten will would. However, the nature of handwritten wills means they may be open to contestation. Below are some potential problems with handwritten wills that could complicate probate.
Can’t Validate Your Handwriting
It may be hard to sufficiently validate your handwriting. If few people are familiar with your handwriting, they may be unable to validate that you wrote the will. It may be possible for someone to claim that another party forged parts of the will by copying your handwriting. A lack of witnesses can make validating a handwritten will even more difficult.
Hard to Update
Handwritten wills are also difficult to update. Unlike typed or composed wills that can be edited, modifying a handwritten will typically requires rewriting the entire thing. Editing techniques like crossing out clauses or writing over text can cast confusion over your wishes and create ambiguities, making it harder to execute your will according to your wishes.
Illegible Handwriting
Lastly, poor handwriting can make interpreting a handwritten will difficult. Executors can read handwriting incorrectly and parties might disagree over what specific passages are supposed to say. This lack of clarity means that handwritten wills are much easier to contest, which could cause familial conflict and drama.
What Happens If My Will Is Invalid?
If a handwritten will is invalid, then the deceased’s estate will pass to their heirs according to Kentucky’s laws of intestate succession. Without a valid will, the state will appoint a personal representative to manage your affairs. This person may not be someone you would have nominated, and they may manage your affairs in a way not consistent with your values and wishes. As such, it is imperative that you work with an attorney to ensure your will is valid and accurately describes your last wishes.
Will and Testament Attorneys in Shelby County
Estate planning is to protect your assets and loved ones when you pass away. A handwritten will can be rendered invalid under specific circumstances, which could drastically complicate the process of probate. To avoid these challenges, you should work with an accomplished estate planning attorney to draft a will and last testament. Contact Berkley Oliver PLLC online or call today for a consultation with an estate planning attorney in Shelby County.