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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Serving Time; One Lawyer’s Perspective on Jury Duty

I’m sure that it’s every lawyer’s dream to serve on a jury panel at some point in their lives (read this with a healthy dose of sarcasm). Personally, I’ve always been very curious to see the fact-finding side of a jury trial while the jury is in deliberation. This past August, I ended up as the foreperson in a three-day trial, and came away with some surprising observations and lessons learned.

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Electronic Wills-Dispensing With Pen and Paper (Part I)

Will Requirements

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