Digital or electronic wills have received a lot of attention in recent years. Many states have adopted statutes allowing testators to execute documents digitally, including Kentucky.
While many people may continue to work directly with lawyers to draft physical wills that they sign in front of witnesses, others may consider alternative options. They may go the opposite route by choosing an old-fashioned method instead of the most technological option. Handwritten or holographic wills allow people to clearly state their own wishes regarding the care of their dependents and the distribution of their assets.
Does Kentucky recognize the validity of a handwritten will when there are so many alternatives available?
Handwritten wills are subject to special rules
Technically, the state does acknowledge handwritten wills as valid testamentary instruments, even without witness signatures. A will written by hand by the testator is potentially a valid testamentary instrument so long as it includes their signature and meets other key requirements.
One of those requirements is that other people readily acknowledge the documents as the testator’s handwritten creation. If there are questions about an individual’s handwriting, possibly stemming from age-related changes in their writing style, then concerned parties could potentially contest the written will. Especially in cases where a testator drafts the document without witnesses, concerns about the testator’s handwriting could be enough to convince the courts to set a holographic will aside.
Those who want to achieve specific goals with their wills may benefit from drafting a will with the assistance of an attorney. Learning more about Kentucky’s unique estate planning laws can be beneficial for those hoping to create or update a will.