KY Bar Wills Trusts and Estates 2

Question 1

Under Kentucky law, what is the minimum age required to execute a valid will?

Accepted Answer

18 years old

Answer

KRS 394.020 requires a testator to be at least 18 years old and of sound mind.

Question 2

How many witnesses must subscribe an attested (non-holographic) will in Kentucky?

Accepted Answer

Two credible witnesses

Answer

KRS 394.040 requires the will be subscribed by at least two credible witnesses in the testator's presence.

Question 3

Kentucky recognizes holographic wills. What is the key requirement for validity?

Accepted Answer

The will must be wholly written and signed in the testator's own handwriting

Answer

Under KRS 394.040, a will wholly written and signed by the testator's hand needs no witnesses.

Question 4

A testator in Kentucky divorces after executing a will leaving everything to his spouse. What effect does the divorce have?

Accepted Answer

Provisions in favor of the former spouse are revoked by operation of law

Answer

KRS 394.092 revokes will provisions favoring a former spouse upon divorce or annulment, treating the ex-spouse as having predeceased the testator.

Question 5

In Kentucky, a surviving spouse who is disinherited by will may claim an elective share. What may the spouse renounce the will to receive?

Accepted Answer

A statutory share of the estate, generally one-half of the surplus personalty and an interest in real estate

Answer

Under KRS 392.080, a surviving spouse may renounce the will and take the statutory dower/curtesy share, including one-half of surplus personal property.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Wills Trusts and Estates 2