What Are the Legal Grounds for Contesting a Will in Colorado?

When a loved one passes away, their will is intended to carry out their wishes regarding the distribution of property. However, there are situations in which a will may not truly reflect the deceased person’s intent. In Colorado, contesting a will is a legal process that allows certain individuals to challenge its validity. Understanding the legal grounds is important if you believe a will is invalid or unjust.

Who Can Contest a Will in Colorado?

Only “interested parties” may challenge a will. This generally includes heirs, beneficiaries, and others who would be financially impacted by the will.

Legal Grounds for Contesting a Will

A will cannot be contested simply because someone disagrees with its terms. Instead, there must be legally recognized reasons, such as:

• Lack of Testamentary Capacity – The testator (person creating the will) must have been of sound mind when making the will. If they did not understand the extent of their assets, the nature of their relationships, or the legal effect of the will, it may be invalid.
• Undue Influence – A will can be challenged if someone exerted excessive pressure or manipulation on the testator to benefit themselves unfairly.
• Fraud or Forgery – If the will was signed under false pretenses, altered, or forged, it can be contested.
• Failure to Follow Legal Formalities – Colorado law requires specific formalities, including proper signing and witnessing. A will that does not comply with these rules may not be valid.
• Revocation – If the deceased revoked the will before death, either by creating a new valid will or through a physical act like destroying it, the contested will may not stand.

The Contest Process

Challenging a will in Colorado typically takes place during probate. The court will review evidence and determine whether the will is valid. Because these disputes can be complex and emotional, having legal guidance is critical.

At The McKenzie Law Firm, LLC, we provide legal assistance to the Colorado public in will contests and probate matters. We can help you understand your rights and pursue the best course of action.