Legal Question in Wills and Trusts in Kentucky
Question about legality of wills where blank spaces are written in by hand
In Kentucky, do probate courts consider as valid wills which are fill-in-the-blank pre-printed forms where the testator writes in the details by hand?
I vaguely remember reading somewhere that if handwriting is used anywhere on the will other than the signatures and dates, initials, the entire will must be handwritten (holographic). In other words, that the entire will, including the details, must either be typed, or the entire will must be handwritten, and that a combination of both isn't considered valid. Is this true?
And if a self-proving-affidavit is used, should it be numbered as part of the will?
Do I need to use the Affidavit in Kentucky?
1 Answer from Attorneys
Re: Question about legality of wills where blank spaces are written in by hand
These types of documents are not per se "invalid" as long as the requirements for the execution of a will are met. The problem is that each handwritten or typed entry is a change to the document and must be separately witnessed, etc like individual wills. This is very impractical to do since you must do this with every blank. A true holographic will is a will that is entirely in the handwriting of the Testator and its validity lies in the fact that the Testator is making a direct statement through his own hand. This will is admitted into probate upon the proof that the will is in the handwriting of the Testator. Not very hard to do if the family is agreeable. "Fill In The Blank" wills can be deceptive in their simplicity. It is not that expensive to have an attorney to draft a good will ( in a lot cases, less than what you spent on the will "kit"). What you get from an attorney is answers. The resulting document looks simple (two or three pages)and intices folks to believe that they "could type that out". But this professional document has taken into account any special problems that you may have and you will have answers to a lot of questions. If you are still determined to "do your own heart surgery" by drafting the will, write it out in longhand and sign it in front of two witnesses and a notary (all in one continuous document.