{"data":{"id":"us-ky/krs-394.295","jurisdiction":"us-ky","citation":"KRS 394.295","heading":"Vacation or modification of judgment upon discovery of later will.","body":"The court in which a judgment has been rendered shall have power to vacate or modify it\nwhen any paper purporting to be the last will of any person has been, or may be hereafter\nadmitted to probate, and a later will has been discovered. A judgment on this ground,\nhowever, shall not be vacated or modified, unless proceedings to that end shall be\ninstituted within ten (10) years after the death of the testator. If the earlier will shall have\nbeen established by judgment of the Circuit Court, the proceedings t o vacate shall be\ninstituted in the Circuit Court. The proceedings to vacate shall be by petition to which all\npersons interested in the earlier will shall be made defendants. Otherwise, the proceedings\nto vacate shall be instituted in the District Court. Provided, however, that a judgment on\nthe ground herein named shall not be vacated or modified until the validity of such later\nwill has been determined in such proceedings. When such former judgment has been\nvacated or modified such later will shall be ad mitted to probate in the manner and under\nthe laws governing the probation of wills before the expiration of five (5) years. The\njudgment establishing such later will and vacating the judgment establishing the former\nwill shall be without prejudice to the vested rights of innocent third parties. The court in\nwhich relief is sought for the reasons herein set out, may enter such orders as may be\nnecessary to protect the rights of the parties during the pendency of the proceedings.","path":["KRS Chapter 394"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36271","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:25Z","sha256":"f5a6fd3a98e1a9241c1dbce9f5a922762f192e2434850448835ad49c5c5edf75","source_id":"us-ky","stale":false,"prev":"us-ky/krs-394.290","next":"us-ky/krs-394.300"},"notice":"GroundRules: Original legal text. Not legal advice."}