KRS 394.210: Attesting witness -- Effect of subsequent incompetency of or devise to.
Where this section sits in the code
- KRS Chapter 394
(1) If any person who attests the execution of a will shall, after its execution, become
incompetent to be admitted as a witness to prove its execution, the will shall not, on
that account, be invalid.
(2) If a will is attested by a person to whom, or to whos e wife or husband, any
beneficial interest in the estate is devised or bequeathed, and the will cannot
otherwise be proved, such person shall be deemed a competent witness; but such
devise or bequest shall be void, unless such witness would be entitled to a share of
the estate of the testator if the will were not established, in which case he shall
receive so much of his share as does not exceed the value of that devised or
bequeathed.
(3) A will may be proved by the testimony of one (1) of the subscribing witnesses
without regard to the availability or competency of the other witnesses, provided
said will was acknowledged or subscribed by the testator in the presence of two (2)
witnesses at the same time.
Collected 2026-09-05T20:59:25Z. Source file · JSON