Ky. Rev. Stat. » Chapter 394
Kentucky Revised Statutes

Ky. Rev. Stat. § 394.040 (2026)

Requisites of a valid will

✓ current as of May 2026
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No will is valid unless it is in writing with the name of the testator subscribed thereto by himself, or by some other person in his presence and by his direction. If the will is not wholly written by the testator, the subscription shall be made or the will acknowledged by him in the presence of at least two (2) credible witnesses, who shall subscribe the will with their names in the presence of the testator, and in the presence of each other. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 85, sec. 1, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4828.

Notes of Decisions
Cited in 34 cases (4 in the last 5 years), 1943–2023 · leading case: Barnard v. Stone, 933 S.W.2d 394 (Ky. 1996).
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Barnard v. Stone, 933 S.W.2d 394 (Ky. 1996). · cites it 5× “Prichard was a will case, however, and the statute under construction was KRS 394.040 which provides that if the will is not holographic, “the subscription shall be made or the will acknowledged by him [the testator] in the presence of at least two (2) credible witnesses, who…”
DeGrella by & Through Parrent v. Elston, 858 S.W.2d 698 (Ky. 1993). · cites it 2× “Instead he argues: (1) an analogy to statutes which, in some instances require written proof of an action taken before it can be given effect, statutes such as KRS 394.040, the requisites of a valid will; and (2) the possibility the now incompetent person may have experienced an…”
Smith v. Smith, 348 S.W.3d 63 (Ky. Ct. App. 2011). · cites it 13× “The circuit court held that the document was a valid will, finding that the execution of the document substantially complied with KRS 394.040 because it was Bill’s only will, he intended to make the devise and he signed it in the presence of two persons.”
Prichard v. Kitchen, 242 S.W.2d 988 (Ky. Ct. App. 1951). · cites it 3× “Where a person’s name is signed for him at his direction and in his presence by another, the signature becomes his own and has the same effect as'though written by the person himself.”
Bennett v. Ditto, 204 S.W.3d 145 (Ky. Ct. App. 2006). · cites it 8× “The circuit court determined that Wiseman had not subscribed her name to the will as required by KRS 394.040 and that the subscription was not sufficiently at the end or close of the writing of the will as required by KRS 446.”
Miller's v. Shannon, 299 S.W.2d 103 (Ky. Ct. App. 1957). · cites it 4× “The question for decision is whether or not the signature of testatrix appears at the end or close of a writing purporting to be her holographic will, as required by KRS 394.040, 446.060. The paper was probated without any contest in the Jefferson County Court, but on appeal to…”
Smith v. Neikirk, 548 S.W.2d 156 (Ky. Ct. App. 1977). · cites it 2× “KRS 394.040 states: “No will is valid unless it is in writing with the name of the testator subscribed thereto by himself, or by some other person in his presence and by his direction.”
Thompson v. Hardy, 43 S.W.3d 281 (Ky. Ct. App. 2000). · cites it 3× “Thompson moved for summary judgment alleging that there was no proof that the'purported will had been executed as required by KRS 394.040. In its order of January 19,1999, the trial court denied the motion since discovery had not yet been undertaken.”
John Wesley Bays v. Kristie D. Kiphart Individually & as Tr. of the Demand Right Irrevocable Trust for Bryce A. Bays, 486 S.W.3d 283 (Ky. 2016). “And in 2009, he sued to have the September 2007 will declared void because it was not executed in accordance with KRS 394.040. The Knox Circuit Court consolidated all three actions.”
Rybolt v. Futrell, 176 S.W.2d 269 (Ky. Ct. App. 1943). · cites it 2× “On November 24, 1934, Columbus Adams, a deputy clerk of the Calloway County Court, was called in to write the will of G.”
Bennett v. Craycraft, 290 S.W.2d 615 (Ky. Ct. App. 1956). · cites it 4× “KRS 394.040 provides how a will must be executed to be valid.”
Scott v. Gastright, 204 S.W.2d 367 (Ky. Ct. App. 1947). · cites it 2× “Section 394.040 of our Statutes provides: “No will is valid unless it is in writing with the name of the testatof subscribed thereto by himself, or by some other person in his presence and by his direction.”
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