Colorado Probate Blog - Wade Ash Woods Hill & Farley, P.C.

The proponents of the Will have the initial burden of due execution, venue, and proof of death. The burden is on the contestant to show lack of testamentary capacity, fraud, undue influence, duress, mistake or revocation. However, undue influence cannot be inferred by motive and opportunity alone. There must be some evidence, either direct or circumstantial, to show that undue influence not only existed but also influenced the making of the Will. I have always considered the two most important witnesses in a Will contest to be the drafting attorney and treating doctor.

Shop "smart" this holiday season.  Scammers are watching for you...

Maybe your adult children have brought up the idea, or maybe you’ve had some discussions with friends about their moves to senior communities. Whatever the case may be, if you’re considering a move, be sure to plan well ahead and educate yourself about your options.

The more you know, the better off you are...

Alternatives to jail, specialty courts for women and veterans, and juvenile justice reform...