Case Study 3 – The disadvantages of writing your own will.

Answers for Kentucky Residents

The following answers are based upon Kentucky law as of April, 2006. Laws are subject to change, so please ask an attorney for answers to specific questions.

1. How old does Eddie have to be to sign a will?

Kentucky Answer: 18.

A person of sound mind and at least 18 years of age is legally competent to make a will.

2. Eddie has disinherited his oldest child, Kate.

Kentucky Answer: False

Eddie has not disinherited Kate. However, as she stands to benefit from the will and also acts as a witness for the authenticity of the document, the law limits the amount she may inherit to the amount she would have received had Eddie died without a will.

3. Eddie has disinherited Kate's children.

Kentucky Answer: True

If Kate survives Eddie, her children will not receive an inheritance at Eddie’s death.

4. At Eddie's death, his distributable net estate (what is left after taxes, expenses, and creditors) will be divided under his will:

Kentucky Answer: C.

In nine equal shares going to Kate, Rob, Pete, and Mark’s six children. "Per capita" beneficiaries share equally.

5. Assume that Eddie's neighbor, who witnessed the will, dies before Eddie. As a result, it is likely that Eddie's will be declared invalid after Eddie passes on.

Kentucky Answer: False.

If a witness dies or otherwise becomes incompetent after attesting the execution of a will, the will shall not, on that account, be invalid.

6. Eddie's will could be admitted to probate, in spite of his neighbor's death, if:

Kentucky Answer: D (B and C)

B. If it had been self-proved (witnesses signed a brief statement that was then notarized).

C. The other witness, Kate could provide an affidavit that she had witnessed the will.

7. If Eddie's will is not declared valid during the probate process, his distributable net estate will be divided according to state intestacy statutes:

Kentucky Answer: A.

In four equal shares, with Mark’s share going to his six children. When property is distributed by law in the absence of a will, if any children of the deceased person are themselves deceased, the grandchildren will take their deceased parent’s share.

8. Assume that Kate, his oldest child, also dies before Eddie. If Eddie's will is not admitted to probate, his distributable net estate will be divided:

Kentucky Answer: A.

In four equal shares with Mark’s share going to his six children and Kate’s share to her two children.

9. Eddie would have been better off without his do-it-yourself will.

Kentucky Answer: True.

10. Eddie attends an estate planning course at his local Cooperative Extension Center, and he learns of the problems his do-it-yourself will may cause. He can revoke his will by:

Kentucky Answer: E. (A and B)

A. Signing a new will.

B. Destroying his will with the intent to revoke it.

A will may be revoked by (1) a subsequent will or codicil (a change to an existing will), (2) some writing declaring an intention to revoke the will, if the writing is executed in the manner in which a will is required to be executed, or (3) the maker of the will cutting, tearing, burning, obliterating, canceling, or destroying the will or the signature with the intent to revoke. Marking through parts of the will and writing corrections in the margins will be effective as amendments only if they are themselves properly signed and witnessed.

Return to Advance Directives Case Study 3.

View the Communicate Your Advance Directives for Health Care learning lesson.

Credits

Adapted for use in the Legally Secure Your Financial Future: Organize, Communicate, Prepare program.

Content Development
Reviewed for use in Kentucky by:
Matthew Holland, law student,
Louis D. Brandeis School of Law, Samuel L. Greenbaum Public Service Program
University of Louisville, Kentucky.

Supervised by:
Ron Marstin, Urban Managing Attorney,
Legal Aid Society, Louisville, Kentucky.

This information is provided as a public service and is designed to acquaint you with certain legal issues and concerns. It is not intended to be a substitute for legal advice, nor does it tell you everything you may need to know about this subject. Future changes in the law cannot be predicted, and statements in these materials are based solely on the laws in force on the date of release noted on this page.

This document is for non-profit educational purposes only. This document may not be used by a profit-making company or organization. When used by a non-profit organization, appropriate credit must be given to the Cooperative Extension Legally Secure Your Financial Future: Organize, Communicate, Prepare education program. Materials for this program were developed by a team from six land-grant universities. The program is included in the program toolkit of the Cooperative Extension Financial Security in Later Life national initiative. For more information go to: http://www.csrees.usda.gov/fsll.