394.210 Attesting witness -- Effect of subsequent incompetency of or devise to.

177 words·~1 min read·/ky/chapter-394/394-210

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If any person who attests the execution of a will shall, after its execution, become

incompetent to be admitted as a witness to prove its execution, the will shall not, on

that account, be invalid.

(2)If a will is attested by a person to whom, or to whose wife or husband, any

beneficial interest in the estate is devised or bequeathed, and the will cannot

otherwise be proved, such person shall be deemed a competent witness; but such

devise or bequest shall be void, unless such witness would be entitled to a share of

the estate of the testator if the will were not established, in which case he shall

receive so much of his share as does not exceed the value of that devised or

bequeathed.

(3)A will may be proved by the testimony of one

(1)of the subscribing witnesses

without regard to the availability or competency of the other witnesses, provided

said will was acknowledged or subscribed by the testator in the presence of two

witnesses at the same time.