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

Ky. Rev. Stat. § 394.330 (2026)

Will speaks as of time testator dies

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

A will shall be construed, with reference to the real and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention appears in the will. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4839.

Notes of Decisions
Cited in 9 cases, 1944–1993 · leading case: Stewart v. Morris, 231 S.W.2d 70 (Ky. Ct. App. 1950).
Sort: Relevance Newest Treatment
Stewart v. Morris, 231 S.W.2d 70 (Ky. Ct. App. 1950). “By KRS 394.330 it is provided that a will speaks from the death of the testator, unless a contrary provision appears in the will.”
McElroy v. Trigg, 177 S.W.2d 867 (Ky. Ct. App. 1944). “By virtue of KRS 394.330 a will speaks and takes effect as if it had been executed immediately before the death of the testator, unless a contrary intention appears by the will.”
Richie v. Richie, 476 S.W.2d 190 (Ky. Ct. App. 1972). · cites it 2× “It was the opinion of the circuit court that Richie’s widow was entitled to a one-half interest in fee, by reason of the provision of KRS 394.330 that a will shall be construed to speak as if it had been executed immediately before the death of the testator unless a contrary…”
Pridemore's v. Bailey, 300 S.W.2d 559 (Ky. Ct. App. 1957). “Pridemore’s decision to sell the property. It well could be that she thought she was making an advantageous and profitable sale for the benefit of her heirs, regardless of income tax.”
Scroghan v. Landers, 328 S.W.2d 411 (Ky. Ct. App. 1959). “Conversely, it is the contention of the appellee, Mattie Landers, that the law as it stood at the time of the death of decedent controls, so that she takes an absolute estate in one-half of the decedent’s assets.”
McCulley v. Ray, 251 S.W.2d 878 (Ky. Ct. App. 1952). “KRS 394.330. Testator by converting some of his personal property into the house and lot evidenced no intention on his part to devise this city real estate to Emma and Hugh, since -the will provided in’ the fourth paragraph that they take the rest of the farm, and the fifth…”
Pitts v. Est. of Gilbert, 672 S.W.2d 70 (Ky. Ct. App. 1984). · cites it 2× “Under the pre-1976 law, many individuals may not have intended that a greater amount pass to the surviving spouse than permitted under the then-existing law. 1 Bowe-Parker: Page on Wills § 4.”
Fryxell v. Clark, 856 S.W.2d 892 (Ky. Ct. App. 1993). · cites it 2× “Edward relies primarily upon KRS 394.330, which provides that generally a will shall be construed, regarding the property comprised in it, to speak and take effect as if executed immediately before the testator died.”
Whitman v. Lincoln Bank & Trust Co., 340 S.W.2d 608 (Ky. Ct. App. 1960). “Since a will speaks from the date of death of the maker unless a contrary intent appears in it, KRS 394.330, we conclude that the trust estate, in the case at bar, was the entire estate, undiminished, until the proper charges against it — the debts, taxes, special bequests and…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.