If a person delays estate planning, they might consider scribbling a last will and testament on a piece of paper, hoping to cover their wishes. This type of document is often called a holographic will, but is it valid?
What the law requires
State law is specific about how to create a valid will. Every document must be in writing and signed by the person creating the will (the testator).
The requirements change based on who wrote the document. A will that is wholly written by the testator and signed by them meets the standard for validity. This means if a person writes the entire will themselves, they don’t necessarily need witnesses for the document to be valid, provided it includes their signature.
When witnesses are necessary
If the will is not entirely in the testator’s handwriting, the rules become stricter. In this case, the document requires two steps for the signature and acknowledgment. First, the testator must sign the will, or confirm their signature, in the presence of at least two credible witnesses. Secondly, those two witnesses must then sign the will in the presence of the testator and in the presence of each other.
The legal standard demands this specific procedure to ensure the testator was of sound mind and not under improper influence when signing.
Next steps for estate planning
While Kentucky law does allow for handwritten wills, relying on a simple, unwitnessed document carries risks. Proper estate planning ensures that a person’s property, possessions, and final wishes are legally enforceable and protected under state statute.