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

“Sound Mind”, “Lucid Intervals” and “Insane Delusions” – What Does It All Mean?

Author and director William “Tim” Burton is quoted as saying, “They say that one person’s insanity is another person’s reality.” Recently, Wade Ash has been involved in several interesting cases involving testators suffering from cognitive impairment when they prepared their Will or Trust. Even persons who are declared mentally incompetent, incapacitated or suffering from various types of mental illness or addiction, may still have sufficient capacity to prepare a Will or Trust. A testator may even lack testamentary capacity, but still have “lucid intervals” enabling them to prepare a Will.

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36 Hits

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

Will Requirements

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753 Hits

Funky Holographic Wills

Since the beginning of recorded history, people have created plans for testamentary disposition of their property. The drafting and execution of wills were codified and formalized in the Statutes of Wills of 1540, the Statutes of Frauds (1677) and the Wills Act of 1837. The formalities demanded by those laws are still observed in the current law of wills. Nonetheless, cognizant of the fact that some wills are made in haste and in the testator’s own handwriting, the law of wills historically has included provisions for validation of handwritten (holographic) wills.

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1238 Hits