What to Know About Contesting a Will in Colorado
February 9, 2023
What to Know About Contesting a Will in Colorado
Contesting a will is a serious legal matter that should not be taken lightly. If you believe that you were unfairly left out of an inheritance or disinherited altogether, it is important to know your rights and how the legal process works in Colorado. At The McKenzie Law Firm, LLC, we understand this complex process, and are here to help. Let’s take a look at what you need to know about contesting a will in Colorado.
The most common grounds for contesting a will in Colorado include mental incapacity, undue influence, and lack of capacity. Mental incapacity means that when the will was signed, the testator (person who created the will) did not have sufficient mental competency to fully understand what he or she was signing. This can be hard to prove since mental competency can vary from day-to-day. Undue influence means that another person exerted pressure on the testator so much so that they changed the contents of their will for their own benefit—not necessarily for the benefit of the testator. Lack of capacity is similar but slightly different in that it refers to whether or not the testator had all of the necessary information needed in order to make informed decisions about their estate plan.
Grounds for Contesting a Will
The most common grounds for contesting a will in Colorado include mental incapacity, undue influence, and lack of capacity. Mental incapacity means that when the will was signed, the testator (person who created the will) did not have sufficient mental competency to fully understand what he or she was signing. This can be hard to prove since mental competency can vary from day-to-day. Undue influence means that another person exerted pressure on the testator so much so that they changed the contents of their will for their own benefit—not necessarily for the benefit of the testator. Lack of capacity is similar but slightly different in that it refers to whether or not the testator had all of the necessary information needed in order to make informed decisions about their estate plan.
What You Can Expect From The Process
Contesting a will can be a long and drawn out process with no guarantees as to outcome. When you file your petition with the court, expect various hearings where evidence and testimony are presented by both parties before any decision is made regarding contested wills or estates. You may also see motions filed by either party asking for certain pieces of information or documents related to the case prior to any trial proceeding taking place. It is important to remember throughout these proceedings that everything must be done according to Colorado law in order for any judgment or decision handed down by the court system to be valid and enforceable in this state.
Contesting a will can be an intimidating legal process with no guarantee as to outcome; therefore, it is important to have experienced legal representation on your side during these proceedings. At The McKenzie Law Firm, LLC we understand this delicate process and are here ready and willing to assist those who wish to contest wills within Colorado borders. Contact us today if you have questions about contesting a will in our state!
what next?
If you think it might be time to think through your estate plan, you can:
- Give us a call at 720-821-7604 to schedule a "Discovery Session" at which we can determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
- Visit our estate planning page to learn more about how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
- Learn more by reading our blog or watching our videos .
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