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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New Probate Rule for Discovery

The Colorado Supreme Court recently approved a new probate discovery rule, effective October 10, 2013, which should eliminate the confusion regarding the applicability of the Colorado Rules of Civil Procedure to probate and trust contests.

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