Chapter 21 - § 21.5 • REVOCABILITY

• Jurisdiction: Colorado

§ 21.5 • REVOCABILITY

§ 21.5.1—In General

Revocability is a concept that applies to wills, not to contracts. Every will is inherently revocable, although revocation may be an anticipatory breach of contract if the testator is a party to a contract to will. An instrument that cannot be revoked is not a will. 1 Page, Wills, § 11.9.⁶ In two Colorado cases, reciprocal or mutual wills are described as "irrevocable." Wehrle v. Pickering, 102 P.2d 737 (Colo. 1940); Trindle v. Zimmerman, 172 P.2d 676 (Colo. 1946). The opinions in these cases do not address the distinction observed in Page that while wills are inherently revocable, revocation may be a breach of contract. See 1 Page, Wills, § 11.9; Brown v. Johanson, 69 Colo. 400, 194 P. 943 (1921).

A will may be effectively revoked or modified, in part or in whole, by operation of law — for example, by the subsequent dissolution of the marriage of the testator. See C.R.S. § 15-11-804(2)(a).

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