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

Will Contests

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.

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Swedish Death Cleaning

A common problem which many families encounter following the death of a parent or other relative is how to deal with the decedent’s personal property. In the absence of a legally effective personal property memorandum, will, or other governing document signed by the decedent specifying who gets what, the disposition of the personal property sometimes leads to bitter, protracted, and often times expensive controversies between the surviving spouse, children of the first or subsequent marriages, or other family members.

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