Is it possible to revoke a will in Kentucky?

Full question:

I made a will few years back regarding the division of my property upon my death. Recently, I realized that the division of property was unfair and unjust. Is it possible to revoke a will in Kentucky?

Category: Wills and Estates
Subcategory: Revocation
Date: 04/07/2025
State: Kentucky

Answer:

No will can be revoked except otherwise provided per the Kentucky Revised Statute §394.080. It reads:

“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.”

Thus your will for division of property may be revoked based on the grounds stated above.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How does a will become null and void?

A will can become null and void for several reasons. Common causes include the testator's lack of capacity at the time of signing, improper execution not following state laws, or if the will is revoked by a subsequent will or codicil. Additionally, if the testator gets divorced, certain provisions in the will may become void. In Kentucky, a will can also be declared void if it was created under undue influence or fraud.

What makes a will null and void?

A will may be considered null and void if it was not properly executed according to Kentucky law, if the testator lacked the mental capacity to create a will, or if it was created under duress or fraud. Additionally, if the will is revoked by a valid subsequent will or codicil, or if the testator has a significant life change like divorce, certain provisions may become void.

In what three ways can a will be revoked?

In Kentucky, a will can be revoked in three primary ways: 1) By creating a new will or codicil that explicitly revokes the previous one; 2) By writing a declaration of revocation that is executed with the same formalities as a will; 3) By physically destroying the will or having someone destroy it in your presence and at your direction, with the intent to revoke.

How long do you have to claim property from a will?

In Kentucky, the time frame to claim property from a will generally depends on the probate process. Heirs and beneficiaries typically have six months from the date of the will's admission to probate to file a claim against the estate. However, specific circumstances may affect this timeline, so it's advisable to consult with an attorney for guidance based on individual situations.