Legal Question in Wills and Trusts in Kentucky

Re: I want to change my Will

The answer to you question is a little complicated. First, you can change your will because wills only become enforceable upon your death. You are not dead, so you can change it. HOWEVER, in changing your will, you will be breaching a contract. Breach of contract opens you up to civil suit for damages from that breach.

The real question you need answered, apparently by an attorney familiar with contract law in addition to estate law, is what the damages from the breach of contract might be and whether it is then still worth it to you to go ahead. It may be, given the little bit you said about the will, that the damages would be zero from breach of contract. It may also be that your will still does what you want it to do since your husband passed away before you.

Lastly, if you rip the ORIGINAL will up, being sure you rip through the words on the page at least once, then that will is rescinded. I would not burn it, because you want to keep the ripped will to show it was rescinded. You can also rescind a will by simply executing a new will.

I suggest you seek the counsel of a different lawyer who will represent only your interests.