Losing a loved one is always a difficult experience, but it can become even more challenging when differences between family members arise over the will. If you believe there is a problem with your loved one’s will, understanding what Kentucky laws say about contesting wills can help you decide whether this is a viable option in your case. This guide explains when you can contest a will and how to do it for a fair legal conclusion so your family can move on from any disputes and find closure.
Who Can Contest a Will in Kentucky?
Anyone with an interest in the deceased person’s estate can contest a will in Kentucky if they have proper grounds, including people named in the will and anyone who could inherit from the estate if no valid will existed.
What Are the Grounds for Contesting a Will in Kentucky?
If you’re a family member or other interested party concerned about a will’s validity, you can contest it if you have legal grounds. Kentucky will laws only recognize certain reasons as valid for contesting a will. The eight reasons below are the most common.
1. Formal Defects
Anyone making a will is called a testator. In Kentucky, handwritten wills must be written entirely by the testator’s hand and signed. A typed-out will is only valid if the testator acknowledges it before at least two witnesses, who must also sign the will. You have strong grounds to contest a will’s validity if it fails to follow these formalities.
2. Fraud
A fraudulent will is one where someone else forged the testator’s signature or someone misled the testator to sign a will while believing it was another document. Evidence of fraud provides strong grounds for contesting a will.
3. Soundness of Mind
If you can show that the testator was not of sound mind when writing the will, you may have grounds to contest it. This can be difficult to demonstrate, as Kentucky has a low bar for sufficient soundness of mind for a will to stand. Even if the testator has a history of serious psychiatric illness or drug use, the court may still find that they wrote the will in a lucid moment unless you have strong evidence to the contrary.
4. Undue Influence or Duress
You may have grounds for contesting a will if you can show that someone else influenced the testator to the extent that they could not express their own true intentions in their will. This influence could be by intoxicating, drugging, threatening, or blackmailing the testator to have them write or sign a will.
5. Lack of Testamentary Intent
You can contest a will if you can show that the deceased person did not intend this document to stand as their legal will. This intention is called testamentary intent and is essential to validate a will. A typed document witnessed by an attorney has obvious testamentary intent, while a scribbled note may not.
6. Ambiguity or Error
If a will contains obvious mistakes or ambiguities, like neglecting to mention who receives an asset the will discusses, you may have grounds to contest it. Errors could lead to the court clarifying or reforming the will or invalidating it if mistakes are extensive and serious.
7. Revocation
Sometimes, you can contest a will by showing that the testator wrote a later will, revoking the earlier one. To revoke a will means to cancel it, usually to replace it. However, a new will does not automatically revoke an earlier one unless it says so within the document or the testator had the older will destroyed. It may take a skilled attorney to show that your loved one intended to revoke the will you want to contest.
8. The Testator Was a Minor
Only testators aged 18 and older can create a valid will in Kentucky. Since Kentucky law automatically invalidates wills belonging to minors, contests over these wills rarely make it to court. The only exceptions are minors who are parents, who may write a will only to assign a guardian to their children.
How to Contest a Will in Kentucky
If you believe you have grounds to contest a will and want to do so, follow these steps:
- Consult an attorney: An attorney skilled in Kentucky will laws can help you evaluate and prepare your case.
- Demonstrate standing: Prepare to show how the decision to uphold the will harms your interests, giving you a right to contest it.
- File a complaint with the circuit court: Submit a complaint to the circuit court as soon as possible, or at the latest within two years of the will entering probate. If you file within one year, the court can freeze the assets, stopping distributions based on the contested will. The complaint should explain your intended legal action and grounds for contesting the will.
- Notify the county clerk: Your local county clerk is the elected official in charge of public records. You must inform them of your legal action with technical details like the court filing date and case number. An attorney often does this to ensure the notification has all the necessary information.
- Serve the complaint to affected parties: Notify everyone who could be affected by the outcome of your contest by delivering copies of the formal complaint to them.
- Engage in discovery: The discovery process involves sharing information between parties involved in the contest, including depositions, which are sworn statements of evidence. This process allows everyone to prepare, avoiding surprises during the hearing.
- Attend a hearing: The circuit court gives you a date to present your case before a judge, who decides the outcome of your contest based on evidence from both sides. An attorney can represent you during this hearing to convey your case as effectively as possible.
- Await a decision: The court may uphold the will, allowing distribution to proceed according to its present terms. Or, if your contest succeeds, the court may invalidate the will and have distribution proceed according to Kentucky’s intestacy laws, which govern estates when someone dies with no will. Sometimes, courts reform or clarify the will rather than invalidate it entirely. If you are not satisfied with this hearing’s outcome, your attorney can help you submit an appeal.
What Are the Chances of Contesting a Will and Winning?
Contesting a will and winning can be challenging, as the burden of proof is on the contesting party, and the bar for evidence can be high. Your chance of success depends on your reason for contesting the will and the evidence you have to support that reason. An experienced attorney can help you make the most persuasive case possible.
Contact Crow Estate Planning & Probate Before Contesting a Will in Kentucky
As you seek closure after losing someone dear to you, you want the peace of mind that comes from knowing distributions from the estate have honored your loved one’s true wishes. You also want the assurance of receiving the full inheritance you’re entitled to. If you believe something is amiss with your loved one’s will, contact Crow Estate Planning & Probate to discuss contesting the will.
The award-winning attorneys at Crow Estate Planning & Probate are experienced in contesting wills in Kentucky and well-versed in the state’s will-contest laws. We can help you evaluate your grounds for contesting the will, explain the potential outcomes, and make a compelling case if you choose to go forward.
Reach out for a free consultation about contesting a will in Kentucky.
