How to Contest a Will in Kentucky
Losing a loved one is difficult enough without discovering that their will doesn’t seem right. Maybe the will was changed shortly before death under suspicious circumstances. Maybe a caregiver or new acquaintance suddenly appears as a major beneficiary. Maybe the person who signed the will was clearly suffering from dementia or confusion at the time. If any of this sounds familiar, you may have grounds to contest the will — and Kentucky law provides a clear process for doing so.
What Does It Mean to “Contest” a Will?
Contesting a will means filing a legal challenge to the validity of the document during probate. Under Kentucky law, a will contest is brought in the circuit court of the county where the will was probated. KRS 394.240 provides that any “person interested” may contest the validity of a will within two years after the will is admitted to probate — though in practice, it’s critical to act quickly, because the estate may be distributed in the meantime.
Grounds for Contesting a Will in Kentucky
Kentucky courts recognize several grounds for challenging a will. The most common include:
Lack of Testamentary Capacity. The person who signed the will (the “testator”) must have been of sound mind at the time they executed it. In Kentucky, this means they understood the nature and extent of their property, knew who their natural heirs were, and understood what they were doing by signing the will. If the testator was suffering from dementia, psychosis, or severe cognitive decline, the will may be challenged on this basis.
Undue Influence. Undue influence occurs when someone in a position of trust or power over the testator exerts pressure that overcomes the testator’s free will. Kentucky courts look at the relationship between the influencer and the testator, whether the testator was isolated from family, whether the influencer was involved in procuring the will, and whether the will’s provisions represent a significant departure from what the testator had previously expressed. A confidential or fiduciary relationship combined with a suspicious change in the will can raise a presumption of undue influence.
Improper Execution. Kentucky law requires specific formalities for a valid will. Under KRS 394.040, a will must be in writing, signed by the testator (or by someone at the testator’s direction and in their presence), and attested by at least two credible witnesses. If these formalities weren’t followed, the will may be invalid regardless of what it says.
Fraud or Forgery. If the testator was tricked into signing a document they didn’t understand was a will, or if the signature on the will is forged, the will can be challenged on that basis.
Revocation. A later valid will revokes an earlier one. If there’s evidence that the testator executed a subsequent will or revoked the existing will by physical act (tearing, burning, or obliterating it), the earlier will may no longer be valid.
Who Can Contest a Will?
Not just anyone can file a will contest. You must be an “interested person” — meaning someone whose financial interests would be affected by the will’s validity. Typically, this includes heirs who would inherit under intestacy if the will were thrown out, beneficiaries under a prior will, and in some cases creditors of the estate.
What Happens in a Will Contest?
A will contest in Kentucky is a civil lawsuit tried in circuit court. The proponent of the will (usually the executor) has the initial burden of proving that the will was properly executed. If the contestant raises a valid challenge — particularly undue influence or lack of capacity — the burden can shift. Will contests can involve depositions, medical records, testimony from witnesses to the signing, and expert opinions from medical professionals.
These cases often settle before trial, but when they don’t, they’re tried to a jury in Kentucky. That’s a significant feature of Kentucky will contest law — the factual questions of capacity and undue influence are decided by a jury, not a judge.
The Importance of Acting Quickly
While KRS 394.240 provides a two-year window, waiting can be costly. Estate assets can be distributed, evidence can be lost, and witnesses’ memories fade. If you have concerns about a will, the best time to raise them is early in the probate process — ideally before significant distributions are made.
If you believe a loved one’s will doesn’t reflect their true wishes, or if something about the circumstances of the will doesn’t add up, I’m happy to review your situation. Call me at (859) 225-9540 or use the contact form on this site.
Joseph D. Buckles is a probate litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
