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394.225 Self-proved will.
(1)
Any will may be simultaneously executed, attested, and made self-proved, by
acknowledgment thereof by the testator and affidavits of the witnesses, each
made before an officer authorized to administer oaths under the laws of this
state and evidenced by the officer's certificate, in substantially the following
form:
I, __________________, the testator, sign my name to this instrument this ____ day
of ____________, 19____, and being first duly sworn, do hereby declare to the
undersigned authority that I sign and execute this instrument as my last will and that
I sign it willingly (or willingly direct another to sign for me), that I execute it as my free
and voluntary act for the purposes therein expressed, and that I am eighteen (18)
years of age or older, of sound mind, and under no constraint or undue influence.
_________________________________
(Testator)
We, ________________, _________________, the witnesses, sign our names to
this instrument, being first duly sworn, and do hereby declare to the undersigned
authority that the testator signs and executes this instrument as his last will and that
he signs it willingly (or willingly directs another to sign for him), and that each of us,
in the presence and hearing of the testator and in the presence of the other
subscribing witness, hereby signs this will as witness to the testator's signing, and
that to the best of our knowledge the testator is eighteen (18) years of age or older,
of sound mind, and under no constraint or undue influence.
_________________________________
(Witness)
_________________________________
(Witness)
THE STATE OF _______________
COUNTY OF _________________
Subscribed, sworn to and acknowledged before me by ______________, the
testator and subscribed and sworn to before me by ________________, and
________________, witnesses, this _____ day of ____________.
Signed)_________________________________________
Signed)_________________________________________
(OFFICIAL
CAPACITY
OF
OFFICER)
(2) An attested will may, at any time subsequent to its execution, be made
self-proved, by the acknowledgment thereof by the testator and the affidavits of
the witnesses, each made before an officer authorized to administer oaths
under the laws of this state, and evidenced by the officer's certificate, attached
or annexed to the will in form and content substantially as follows:
THE STATE OF _______________
COUNTY OF _________________
Before me, the undersigned authority, on this day personally appeared
______________________ and ____________________ known to me to be the
testator and the witnesses, respectively, whose names are signed to the attached or
foregoing instrument and, all of these persons being by me first duly sworn.
_________________, the testator, declared to me and to the witnesses in my
presence that the instrument is his last will and that he had willingly signed or
directed another to sign for him, and that he executed it as his free and voluntary act
for the purposes therein expressed; and each of the witnesses stated to me, in the
presence and hearing of the testator, that he signed the will as witness in the
presence of the testator and of the other subscribing witness, and that to the best of
his knowledge the testator was eighteen (18) years of age or over, of sound mind
and under no constraint or undue influence.
__________________________________
(Testator)
__________________________________
(Witness)
__________________________________
(Witness)
__________________________________
(Witness)
Subscribed, sworn and acknowledged before me by ____________________, the
testator, subscribed and sworn before me by ________________________ and
_________________, witnesses, this _____ day of _______________, A.D.,
________________
________________________________
(OFFICIAL
CAPACITY
OF
OFFICER)
(3) The execution of an acknowledgment of a will by a testator, and of the
affidavits of witnesses, made before an officer authorized to administer oaths
under the laws of this state and evidenced by the officer's certificate
substantially in the form set out in this section during the period between June
21, 1974, and the effective date of the 1982 amendments to this section shall
be considered to be a valid execution and attestation of a written will even
though the will was not signed and attested separately from the execution of
the acknowledgment by the testator and the affidavits of the witnesses.
(4) A self-proved will may be admitted to probate without the testimony of any
subscribing witness, but otherwise treated no differently from a will not
self-proved.
Effective:July 15, 1982
History: Amended 1982 Ky. Acts ch. 75, sec. 1, effective July 15, 1982. -Amended 1980 Ky. Acts ch. 259, sec. 11, effective July 15, 1980. -- Created
1974 Ky. Acts ch. 299, sec. 1.
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