Will Contests
Protecting Your Rightful Inheritance in Durango & the Four Corners
Proper execution of a will requires that the will be signed by the testator and witnessed by two witnesses, who also sign the will, all of whom sign before a notary. A will can be contested on the grounds that it was not properly drafted, signed, or witnessed in accordance with the applicable requirements.
Under Colorado law, a testator is required to have mental competency to make a will and to understand the nature of his or her assets and the people to whom the assets are going to be distributed. A will can be declared void if lack of capacity can be proven, typically through a prior medical diagnosis of dementia, Alzheimer's, or psychosis.
Undue influence occurs when the testator is compelled or coerced to execute a will as a result of improper pressure exerted on him or her, typically by a relative, friend, trusted advisor, or health care worker. Undue influencers often upset long-established estate plans where the bulk of the estate was to pass to direct descendants.
If the wrongdoing is discovered prior to the victim's passing, a guardianship or conservatorship may be established to reclaim assets that were fraudulently removed and to collect evidence for subsequent will contest proceedings.
Will contests are not limited to wills themselves. Beneficiary designations on retirement accounts, life insurance policies, and transfer-on-death deeds can be challenged on the same grounds—undue influence, lack of capacity, or fraud—when those changes were made under suspicious circumstances late in the testator's life.