Ky. Rev. Stat. » Chapter 367
Kentucky Revised Statutes

Ky. Rev. Stat. § 367.93109 (2026)

Immunity from liability for actions based on good-faith reliance on a

✓ current as of May 2026
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declaration.

(1) A person who acts in good-faith reliance on a declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person.

(2) A person who deals with a declaration may presume, in the absence of actual knowledge to the contrary, that:

(a) The declaration was validly executed and has not been revoked; and

(b) The declarant was competent at the time the declaration was executed.

(3) The directions of a declarant expressed in a declaration are binding as if the declarant were alive and competent.

(4) A crematory authority, licensed funeral director, or cemetery acting pursuant to the terms of a declaration shall not be held liable for good-faith reliance on representations made in the declaration. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 59, sec. 5, effective July 15, 2016.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Harrod v. Caney, 547 S.W.3d 536 (Ky. Ct. App. 2018).
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Harrod v. Caney, 547 S.W.3d 536 (Ky. Ct. App. 2018). “93107 ; KRS 367.93109 ; KRS 367.93111 ; KRS 367.93113 ; KRS 367.”
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