Creating a will is a critical part of the estate planning process, as it provides clear instructions on how a person’s assets should be distributed after their passing. However, there are situations in which a will may be legally challenged. In Colorado, contesting a will is a complex legal matter that requires valid grounds, proper timing, and adherence to strict legal procedures.

At The McKenzie Law Firm, LLC, while our office assists the New York public with estate planning matters, we also aim to educate individuals about estate law in other jurisdictions, such as Colorado, to help people understand their rights and options.

Common Legal Grounds for Contesting a Will in Colorado

Contesting a will is not simply about being unhappy with its contents. Colorado law sets forth specific legal grounds upon which a will may be challenged:

1. Lack of Testamentary Capacity

The person making the will (the testator) must have been of sound mind at the time the will was created. This means they understood the nature of their property, who their beneficiaries were, and the legal significance of the document. If the testator was suffering from dementia, Alzheimer's, or another condition affecting mental clarity, a challenge may be appropriate.

2. Undue Influence

If someone exerted excessive pressure on the testator to make or change their will—often a caregiver, family member, or friend—the will can be contested on the basis of undue influence. Proving undue influence requires showing that the influencer substituted their own desires for those of the testator.

3. Fraud or Forgery

A will that was forged or created under fraudulent circumstances is not valid under Colorado law. For example, if someone tricked the testator into signing the will or altered the will without permission, it may be grounds for contest.

4. Improper Execution

Colorado requires that wills follow specific formalities: the will must be in writing, signed by the testator, and witnessed or notarized according to state law. Failure to meet these requirements could render the will invalid.

5. Revocation

A will that has been legally revoked—either by a subsequent will or by physical destruction—cannot be enforced. If someone attempts to probate a revoked will, interested parties can challenge its validity.

Who Can Contest a Will in Colorado?

Only "interested parties" may challenge a will in Colorado. This includes heirs, beneficiaries named in a previous version of the will, and creditors with a financial stake in the estate. Challenges must typically be filed within a specific time frame, usually within three months after the will is admitted to probate.

Why Legal Guidance Matters

Contesting a will is not only emotionally charged but also legally complex. If you believe a loved one’s will is invalid or was created under questionable circumstances, it’s important to consult with an attorney familiar with probate law and will contests. Although The McKenzie Law Firm, LLC is based in New York, we can assist with understanding general legal principles and provide referrals to trusted counsel in Colorado when needed.