What Are the Legal Grounds for Contesting a Will in Colorado?

Contesting a will is never an easy decision, especially when it involves family members and loved ones. However, there are certain circumstances where contesting a will may be necessary to ensure fairness in the distribution of an estate. If you believe that a will does not reflect the true intentions of the deceased, you may have the option to legally challenge it. In Colorado, several legal grounds can justify contesting a will, and understanding these grounds is essential if you are considering taking this step.

Lack of Testamentary Capacity

One of the most common reasons for contesting a will is a lack of testamentary capacity. In Colorado, for a will to be valid, the testator (the person who created the will) must have had the mental capacity to understand the nature of the document and its effects at the time it was made. This means the testator must have been aware of the extent of their property, the natural beneficiaries of their estate, and the legal consequences of creating a will.

If it can be shown that the testator lacked the mental ability to make informed decisions due to conditions such as dementia, Alzheimer's, or other cognitive impairments, the will may be contested. Medical records, testimony from healthcare providers, and witness statements can all serve as evidence in a case involving lack of testamentary capacity.

Undue Influence

Another common ground for contesting a will in Colorado is undue influence. This occurs when someone exerts pressure on the testator to the extent that the testator’s free will is compromised. If an individual, such as a caregiver, family member, or close associate, manipulates or coerces the testator into making decisions about their estate that do not reflect their true intentions, the will may be deemed invalid.

Proving undue influence can be challenging, as it often involves showing that the testator was vulnerable and that the influencer had a position of power or trust over them. Evidence such as changes to the will that disproportionately favor one person, especially if made while the testator was in a weakened state, can be important in these cases.

Fraud or Forgery

Fraud and forgery are serious grounds for contesting a will. Fraud occurs when the testator is deceived into signing a document they believe to be something other than their will, or when someone provides false information that leads to a decision they would not have made otherwise. Forgery, on the other hand, involves the will being tampered with or signed by someone other than the testator, often to benefit the forger or a third party.

If there is evidence that the will was created or altered under fraudulent circumstances or forged, the will can be contested and potentially invalidated. Handwriting analysis, witness testimony, and other forensic evidence may be required to prove these claims.

Improper Execution of the Will

Colorado law requires specific formalities when creating and executing a will. For a will to be valid, it must be signed by the testator and witnessed by at least two individuals who were present at the time of signing. If the will does not meet these requirements or if there are errors in the execution process, it can be contested on the grounds of improper execution.

Additionally, holographic (handwritten) wills are recognized in Colorado but must meet certain criteria. The testator must have written the material provisions of the will in their own handwriting, and the document must be signed by the testator. If these requirements are not met, the will may be invalidated.

Lack of Sufficient Formalities

In some cases, the will may be contested due to lack of sufficient formalities. Colorado requires that the testator sign the will in the presence of two witnesses, and these witnesses must also sign the will in the testator’s presence. If this process was not properly followed, the will could be declared invalid.

Although this ground may seem technical, it is an important legal protection to ensure that wills are executed according to established standards. A will that does not follow these formalities may open the door to fraud or coercion, which is why Colorado courts take these procedural requirements seriously.

Next Steps in Contesting a Will

If you believe you have grounds to contest a will in Colorado, it’s important to act quickly. Colorado law imposes strict time limits for challenging a will. Typically, you must contest a will within six months after the probate process begins. Failing to act within this timeframe may result in the loss of your right to contest the will.

Contesting a will can be a complex and emotionally charged process, which is why it’s crucial to work with an experienced attorney. A lawyer can help you gather the necessary evidence, file the appropriate legal documents, and present a strong case to the court. At Evans Case, our experienced estate planning attorneys are here to help you through every step of the process, ensuring your rights are protected.

If you’re considering contesting a will, contact us today to discuss your case and learn more about your legal options. You can reach out to us here to schedule a consultation and explore the best path forward.