Chapter 53 - § 53.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 53.1 • INTRODUCTION

When family members are disinherited or receive less than they anticipated from an estate, animosity often surfaces and challenges to wills can arise. Wills are typically challenged by contestants on the basis that the decedent lacked testamentary capacity and/or the will was a product of undue influence. However, wills may also be set aside on the basis of mistake, fraud, or forgery. C.R.S. § 15-12-407.

With the Colorado legislature passing the Uniform Probate Code III (UPC III), effective July 1, 2010, the requirements for execution of formal typed wills were relaxed. Typed wills no longer require two witnesses, only a notary. C.R.S. § 15-11-502(1)(c)(II) (effective July 1, 2010). In addition, pursuant to UPC III, wills — like trusts — may be reformed based upon mistake of fact or law. C.R.S. § 15-11-806 (effective July 1, 2010). Although the relaxed standards regarding execution and reformation of wills may simplify the probate process, the rules may also produce additional litigation.

In November...