Kentucky allows a will that is written entirely in the testator’s own handwriting and signed by the testator. That is called a holographic will. It is legal, but it comes with real risks.
This page offers general information about Kentucky law, not legal advice. Reading it or contacting us does not create an attorney-client relationship; that begins only when we agree in writing to represent you. See our advertising notice.
If Kentucky Allows Handwritten Wills, Why Hire a Lawyer?
A holographic will must still satisfy the requirements of KRS 394.040. It must be wholly in the testator’s handwriting and signed, but witnesses are not required. These requirements apply to everyone, and many people find them easier to get wrong than they expect. A will that fails them can be denied probate.
Carrying Out Your Intent
Most people know who should receive particular items but not how to make it happen. For instance, if you leave property to a minor child, you may need to appoint a custodian or create a trust. Gifts can fail for many reasons, such as a beneficiary dying before you, a problem with how the property is owned, a typo, or vague wording.
Addressing All the Issues
People writing their own wills often overlook provisions such as who pays taxes and expenses, who will be guardian of your children, what happens if you and your spouse die together, and additional powers for your executor.
Avoiding Will Contests
A handwritten will can invite a will contest. Relatives left out may argue you lacked capacity, and in a contest, poor grammar or messy handwriting may be pointed to as evidence. For example, in Rothwell v. Singleton, 257 S.W.3d 121 (Ky. App. 2008), the Kentucky Court of Appeals concluded that a jury could consider the will itself, including misspellings, as evidence bearing on the testator’s mental capacity. Because witnesses are not required for a holographic will, there may also be no one who can testify that you wrote it and were of sound mind.
Summary
A handwritten will is better than none, but it is not the best way to plan. If you are taking the time to decide how your estate should be distributed, an attorney can help make sure your wishes are carried out. See Wills and our fees and packages.
Talk With Us
To get started, complete our secure estate planning intake form, and one of our attorneys will follow up with you. You can also call us at (859) 444-4695 or contact our office. Wolfe & Houlehan PLLC is located at 226 N. Upper St., Lexington, Kentucky 40507.