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

Ky. Rev. Stat. § 394.540 (2026)

Contract to make a will, not to revoke a will or to die intestate

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(1) A contract to make a will or devise, or not to revoke a will or devise or to die intestate, if executed after June 16, 1972, can be established only by:

(a) Provisions of a will stating material provisions of the contract;

(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or

(c) A writing signed by the decedent evidencing the contract.

(2) The execution of a joint will or mutual wills gives rise to no presumption of a contract not to revoke the will or wills. History: Created 1972 Ky. Acts ch. 168, sec. 3, effective June 16, 1972.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1982–2024 · leading case: Goodman v. Goldberg & Simpson, P.S.C., 323 S.W.3d 740 (Ky. Ct. App. 2009).
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Goodman v. Goldberg & Simpson, P.S.C., 323 S.W.3d 740 (Ky. Ct. App. 2009). · cites it 5× “KRS 394.540(1) states: *745 A contract to make a will or devise, or not to revoke a will or devise or to die intestate, if executed after June 16, 1972, can be established only by: (a) Provisions of a will stating material provisions of the contract; (b) An express reference in…”
Duncan v. Wold, 846 S.W.2d 720 (Ky. Ct. App. 1992). · cites it 9× “In its opinion the court recognized that the law of joint wills is governed by KRS 394.540 effective in 1972, a year before the execution of the will before us.”
Martin v. Cassady, 628 S.W.2d 888 (Ky. Ct. App. 1982). · cites it 4× “This case requires an interpretation of KRS 394.540, enacted in 1972, which provides as follows: (1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after June 16, 1972, can be established only by: (a)Provisions of a will…”
Munday v. Munday, 687 S.W.2d 143 (Ky. 1985). “KRS 394.540, effective date after execution of joint will, hence not considered.”
Sharon Q. Elzy v. Arthur C. Elzy, Jr., No. 2023 CA 000996 (Ky. Ct. App. June 20, 2024). · cites it 6× “She also agrees that the executed agreement would have qualified as a contract to make a will under KRS 394.540. Sharon agrees with the contract case law the circuit court applied to the facts.”
Fryxell v. Clark, 856 S.W.2d 892 (Ky. Ct. App. 1993). · cites it 12× “On December 18, 1991, however, the trial court vacated its previous summary judgment since it wanted to reconsider its ruling in view of KRS 394.540. Thereafter, the trial court entered another summary judgment in favor of Judith, which is the subject of this appeal, on February…”
Teresa Dowell Inman v. Est. of Kenneth Dowell by & Through Valerie Dowell, No. 2020 CA 001622 (Ky. Ct. App. Aug. 4, 2022). · cites it 4× “They argue that the circuit court erred by determining that the mandates of KRS 394.540 were established: The wills make no mention of the consideration which is a contractual requirement.”
Brenda Sharpe v. Laura Walters, No. 2023 CA 000302 (Ky. Ct. App. Apr. 18, 2024). “However, the Prenuptial Agreement unquestionably fulfilled the legal requisites of KRS 394.540 and accordingly qualified as a “contract to make a .”
Bauer v. Piercy, 912 S.W.2d 457 (Ky. Ct. App. 1995). “” There was no allegation that KRS 394.540, the statute concerning contracts to make a will, was not complied with.”
Ky. Rev. Stat. § 394.540(1): 1 case
Goodman v. Goldberg & Simpson, P.S.C., 323 S.W.3d 740 (Ky. Ct. App. 2009). “KRS 394.540(1) states: *745 A contract to make a will or devise, or not to revoke a will or devise or to die intestate, if executed after June 16, 1972, can be established only by: (a) Provisions of a will stating material provisions of the contract; (b) An express reference in…”
Ky. Rev. Stat. § 394.540(2): 2 cases
Duncan v. Wold, 846 S.W.2d 720 (Ky. Ct. App. 1992). “In its opinion the court recognized that the law of joint wills is governed by KRS 394.540 effective in 1972, a year before the execution of the will before us.”
Sharon Q. Elzy v. Arthur C. Elzy, Jr., No. 2023 CA 000996 (Ky. Ct. App. June 20, 2024). “She also agrees that the executed agreement would have qualified as a contract to make a will under KRS 394.540. Sharon agrees with the contract case law the circuit court applied to the facts.”
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