Legal Question in Wills and Trusts in Kentucky

set aside vs. contesting a will

Will has a ''no contest'' clause. Wife is going to have

will ''set aside.'' What is the difference?

Wife gets 50%, daughter gets 50%.

Wife is asking for 50% of the other bequests. Do the

bequests not get made off the top after the bills paid,

then the main heirs get their percentage?

There is no real estate involved.


Asked on 10/13/02, 8:41 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: set aside vs. contesting a will

I am not exactly sure how you are using the terms. In Kentucky, the surviving spouse does not have to take the share he or she is given in the will. In that event, he/she is given 1/3. This is called "Renunciation" and is available to make sure that the surviving spouse does not get left out. You say that the wife gets 50% and the daughter gets 50% but indicate that there are other bequests. There is not enough information here to answer your question. If the wife wants to contest the will, then she will have to file an action in circuit court. There are provisions for certain small amounts to be "set aside" upon application and court order to a surviving spouse before distribution to other heirs. Without a copy of the will, etc, I cannot give a better answer.

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Answered on 10/14/02, 6:18 am


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