When a loved one dies suddenly, even if they’re in their senior years, their surviving family may have no idea whether they had a will or any other estate plan documents. Many people don’t feel comfortable discussing the contents of their will with loved ones – especially if they fear that one or more relatives won’t be happy about their inheritance.
This lack of discussion can leave families searching through a recently deceased loved one’s home in places where they think any such will – if there is one – would have been stored. It can relief to find a will. But is it valid? If it doesn’t appear to have been drafted with legal assistance, it may or not be.
What if it’s a handwritten will?
States have varying laws around whether handwritten (also known as holographic) wills are valid, and if so, what is required for a valid handwritten will. In Kentucky, handwritten wills can be valid as long as they’re fully in the handwriting of the testator (the person who created the will).
This kind of will doesn’t need to be signed and dated by witnesses – only by the testator. However, someone must be able to testify during probate that the handwriting and signature belong to the deceased.
If someone has typed up their own will (on a computer or typewriter), then two witnesses must sign and date it in addition to the testator. They must meet the qualifications of valid witnesses.
What if changes have been made to the will?
Another potential issue is if the deceased has made modifications to a will they created by adding notes in the margins or maybe crossing out lines or who sections. Even if these changes appear to be in their handwriting and even initialed, they may not be recognized by the court as valid.
The legally correct way to make modifications to a will is through a codicil (addendum) to the will specifying the change. These changes are best by an estate planning professional.
What if you find more than one?
It’s not uncommon for families to find multiple wills left by a loved one. Determining which one reflects their most recent wishes and if that will is valid typically requires presenting all wills to a probate judge so they can rule on which one will be recognized during the probate process. It may or may not be the one with the most recent date.
If you and your family have any questions or concerns before or after probate begins, it’s smart to have professional legal guidance.