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A Will and Revocable Trust Contest must be brought within 2 years of the probate of the Will. http://law.justia.com/codes/kentucky/2011/394-00/394-240/ Will contests are rare in Kentucky and extremely difficult to win.
The Kentucky Supreme Court has stated there is a strong presumption that a person who writes a will is competent to sign it and that the degree of mental capacity required is "minimal."
In a 1999 ruling that over the years, it had upheld wills written by people who had been declared partially incompetent and others who believed in "witchcraft and spiritualism."
Judges and juries will look to see if there is clear "undue influence" that make a will suspicious.
"The classic example is if you have a will and move into a nursing home, then suddenly you write another will leaving everything to one of your nurses,"
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