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Will Contests

Protecting Your Rightful Inheritance in Durango & the Four Corners

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Colorado Will Contests

A will can be challenged in a Colorado probate proceeding on a number of grounds. If you believe that you or a loved one may have been improperly cut out of a will or otherwise deprived of a rightful inheritance, Amos Soignier can help.

Not just a will can be challenged under these grounds. A trust can be challenged under the same grounds, as well as a real estate deed or a beneficiary designation on a financial account.

With decades of experience in Colorado probate law, we understand the complexities of will contests and can guide you through the process of protecting your rightful inheritance.

Courthouse representing will contest proceedings

Lack of Proper Formalities

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.

Will Formalities

Lack of Capacity

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.

Mental Capacity Assessment

Undue Influence

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.

Undue Influence Cases

Guardianship & Conservatorship

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.

Guardianship Protection

Will Contest Process

Strategic steps to protect your inheritance rights

    We review the will, circumstances surrounding its execution, and evidence of improper influence, lack of capacity, or procedural defects. We assess the strength of your case and discuss legal grounds for challenging the will.

    We collect medical records, witness statements, financial documents, and other evidence to support your claim. This may include interviewing witnesses, consulting medical experts, and analyzing the deceased's mental state.

    We file a formal will contest in Colorado probate court, presenting legal grounds and supporting evidence. This initiates the legal process and preserves your rights to challenge the will's validity.

    We pursue resolution through negotiation, mediation, or trial. Our goal is to achieve a fair outcome that protects your rightful inheritance, whether through settlement or court judgment.

When my mother's will was suddenly changed shortly before her death, I knew something was wrong. Amos investigated thoroughly and found evidence of undue influence. He fought tenaciously for our family and recovered the inheritance that was rightfully ours.

— Will Contest Client

Will Contest Questions

Common questions about challenging a will in Colorado

How long do I have to contest a will in Colorado?

Colorado law generally requires that a will contest be filed within the earlier of 12 months after the testator's death or 6 months after the will is admitted to probate. Time limits are strict, so it's critical to consult an attorney as soon as you have concerns about a will.

What evidence do I need to prove undue influence?

Evidence of undue influence may include sudden changes to the will shortly before death, isolation of the testator from family members, the influencer's active participation in will preparation, the testator's weakened mental or physical state, and unnatural provisions that benefit the influencer at the expense of natural heirs.

Can I contest a trust the same way I would contest a will?

Yes. Trusts can be challenged on the same grounds as wills: lack of capacity, undue influence, fraud, and improper execution. The legal standards and procedures are similar, though trusts may involve additional complexities depending on their structure and terms.

What happens if a will contest is successful?

If a will is successfully contested, the court may invalidate all or part of the will. If the entire will is voided, the estate is distributed according to a prior valid will or, if none exists, under Colorado intestacy laws. Partial invalidity may affect only the contested provisions.

How much does it cost to contest a will?

Will contest costs vary based on case complexity, evidence required, and whether the matter settles or goes to trial. We discuss fee structures and potential costs upfront during your consultation. In some cases, attorney fees may be recoverable from the estate if your contest is successful.

Protect Your Rightful Inheritance

If you believe you have been improperly cut out of a will, contact The Soignier Law Firm for experienced legal guidance.

Contact Amos Today Call (970) 247-3510