Yes, disinheriting a child is legally permissible in Kentucky, provided the testator adheres to statutory formalities and avoids statutory protections. Kentucky Revised Statutes (KRS) §391.100 permits testamentary freedom but imposes limits to prevent undue influence or fraud. Courts scrutinize disinheritance clauses for compliance with probate laws, particularly when minor or dependent children are involved. Recent 2026 amendments to KRS Chapter 394 enhance oversight by the Kentucky Probate Code Commission, requiring clearer documentation of intent to disinherit.
Key Regulations for Disinheriting a Child in Kentucky
- Statutory Formalities: A valid will must comply with KRS §391.040, requiring two disinterested witnesses and a notarized signature. Oral disinheritance is invalid; written specificity is mandatory.
- Elective Share Protections: Under KRS §392.020, a surviving spouse may claim a 50% elective share of the estate, overriding disinheritance unless waived in a valid prenuptial agreement.
- Dependent Child Exceptions: KRS §391.100(2) permits a child to contest disinheritance if they can prove the testator lacked testamentary capacity or was unduly influenced at the time of drafting.
Failure to meet these requirements risks partial or full invalidation of the disinheritance clause. Consultation with the Kentucky Bar Association’s Probate Division is advised for procedural compliance.