KSC, TITLE 16.  FAMILY AND MINORS

 

Part I.  Family
 
 Chapter 2.  Wills

Section 16.201.  Wills.
Section 16.202.  Written witnessed will.
Section 16.203.  Self-written unwitnessed will.
Section 16.204.  Oral will.
Section 16.205.  Witness.
Section 16.206.  Wills executed outside the State.
Section 16.207.  Application.

      Section 16.201.  Wills.
      An adult of sound mind may validly dispose of property by will in the three following ways, subject to the limitations in this chapter:

     (1)  a written witnessed will;

     (2)  an oral will; and [or]

     (3)  a self-written unwitnessed will.

A will disposes only of property which at the time of his death the testator has a right to dispose of without the consent of another person.

      Section 16.202.  Written witnessed will.
      A written witnessed will bears the signatures of the testator and of at least two attesting witnesses.  The testator signifies to the attesting witnesses that the instrument is his will and, in the presence of the witnesses:

     (1)  either signs the will;

     (2)  acknowledges his signature already appearing on the will; or

     (3)  at his direction and in his presence has someone else sign his name on the will on his behalf.

      Section 16.203.  Self-written unwitnessed will.
      In a valid self-written unwitnessed will the signature and all material provisions of the will are in the testator's handwriting which two witnesses verify, if later contested.  A witness to the writing or signing of the will is not required.

      Section 16.204.  Oral will.
      An oral will is valid only if made by a person in imminent peril of death, whether from illness or otherwise, and if:

     (1)  The testator dies as a result of the peril.

     (2)  The testator declares it to be his will before two disinterested witnesses and the Court receives the will for probate within six months following the testator's death unless for good cause the Court permits it to be submitted later.

An oral will may dispose of personal property only and to an aggregate value not exceeding one thousand dollars.  An oral will neither revokes nor changes an existing written will.

      Section 16.205.  Witness.

     (1)  A person competent to be a witness by Court rule may be an attesting witness to a will.

     (2)  An attesting witness is interested if the will provides him a personal beneficial interest.

     (3)  A will is valid although attested by an interested witness.  Unless two disinterested witnesses also attest a will, an interested witness forfeits that portion of the provision made for him in the will which exceeds in value, at testator's death, what he would have received if the testator died intestate.

      Section 16.206.  Wills executed outside the State.
      A will executed outside the State in a manner provided by (1) this chapter, (2) the law of the place of its execution, or (3) the law of the testator's domicile at the time of its execution, has the same force and effect in the State as if executed in the State in compliance with this chapter.

      Section 16.207.  Application.
      This chapter does not apply to wills executed before the Code takes effect.
 
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