1976, June, Pg. 793. On the Soapbox.

• Author: By Christopher R. Brauchli

5 Colo.Law. 792

Colorado Lawyer

1976.

1976, June, Pg. 793.

On the Soapbox

793Vol. 5, No. 4, Pg. 792On the SoapboxBy Christopher R. BrauchliI have no wife, no parent, child, ally, To give my substance to; but whom I make Must be my heir: and this makes men observe me."

Ben Jonson, VOLPONE.One cannot expect legislative draftsmen to be always mindful of the effects of statutory changes on familial relationships, but lawyers whose clients are affected thereby should be aware of their impacts. The Colorado Probate Code provides for the use of a memorandum for disposition of personal property. The effect of this provision has never been analyzed. Although at first blush it would appear to be a boon for the lay person, since it eliminates the need for frequent visits to the lawyer if one changes one's mind about who gets the silver spoon, the silver tray, etc., it in fact deprives the crotchety client of the very real need to impart his displeasure with members of his family to someone else. This someone else, as we all know, historically has been the lawyer.

The Good Old DaysIn the old days a disgruntled great-uncle who felt slighted by an unmet grandniece's failure to remember his eighty-fifth birthday could with great glee and a like amount of clamor enter his lawyer's office the day after the event and announce in a nonavuncular voice that he was not giving the sterling silver platter to the thoughtless grand-niece after all but was instead leaving it to the last surviving member of his Civil War regiment and that his will should forthwith be changed accordingly. This had a salutary effect upon the aging great-uncle. Not only did the grand-niece's oversight give him the excuse to visit his lawyer, which many aging clients seek, but by paying his lawyer money to change his will he was able to make an outward visible sign of his displeasure with his distant relative. The fact that the distant relative might never be aware of the will change in no sense diminished the pleasure.

Today's ReformsThe client who is represented by a capable lawyer no longer has this avenue of release open to him. As we all know, if the uncle possesses a well-drawn will it makes reference to a memorandum which the uncle has in his possession. Upon becoming displeased with the great-niece or any other beneficiary for that matter, the...