A will is the most basic option when creating an estate plan. For people in Kentucky, having a will is a protective device that will ensure their property goes where they want it to go after they have died.
However, it is not uncommon for family members and people who believe they should have received property from a person’s will – but did not – to call the document into question.
One of the main ways a will can be contested is by questioning its validity. To avoid disagreements and prevent a costly, time-consuming and dispute-laden will contest, the simplest method is to make sure that the will is valid. Knowing the steps to doing so is imperative.
The basics of a valid will
Following the fundamental requirements for creating a will can ensure it is valid and prevent disagreements from hindering it being carried out as the testator wanted.
Kentucky law requires a person be at least 18 to create a will. For people are parents when younger than 18, they can create a document that will dictate who will be their child’s guardian if they are gone.
A frequent way in which wills are contested is for there to be an assertion that the testator was not of sound mind at the time they wrote and executed it. The term “sound mind” could be construed in many ways. In general, the person who is writing the will must know what they are doing at the time in writing it; understand their property; and know their relatives who will share in their estate.
The will is not valid unless two witnesses sign it. They cannot be people who will benefit from the will. Nor can it be a spouse who will receive some or all the person’s assets as part of the document.
Make sure a will is valid to avoid problems
While following the law with creating a will is key, it is also important to know the value of having local assistance. This includes discussing the matter with those who have extensive experience and know the details of estate planning.