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- Chapter 53 Will Contests
Chapter 53 - § 53.12 • UNDUE INFLUENCE
Jurisdiction | Colorado |
Undue influence is defined as words, conduct, or both, which at the time of the making of the will, (1) deprive the person making the will of his or her free choice, and (2) cause the person making the will to make the will or to make one or more provisions differently than he or she otherwise would have. CJI-Civ. 34:14 (CLE ed. 2020). Undue influence is proved if the contestant can establish the following facts: (1) a person unquestionably susceptible to undue influence, (2) the opportunity in a third person to exercise undue influence and to effect a wrongful purpose, (3) a disposition to influence unduly for the purpose of procuring an improper benefit, and (4) a result appearing to be the effect of the supposed influence.
Undue influence is typically proved through circumstantial evidence, and Colorado courts have been liberal in admitting evidence of all circumstances that might tend, in conjunction with other evidence, to show undue influence. In In re Estate of Koch, 136 P.2d 673 (Colo. 1943), the Colorado Supreme Court held that the trial court properly permitted evidence regarding events 21 years prior to the death of the decedent; the...
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- Chapter 53 Will Contests
- Chapter 53 - CHAPTER 53 WILL CONTESTS
- Chapter 53 - § 53.1 • INTRODUCTION
- Chapter 53 - § 53.2 • COMMENCEMENT OF A CONTEST
- Chapter 53 - § 53.3 • STATUTE OF LIMITATIONS TO CONTEST WILLS AND TRUSTS
- Chapter 53 - § 53.4 • INFORMAL|FORMAL PROBATE
- Chapter 53 - § 53.5 • CAVEAT OR OBJECTION TO WILL OR CODICIL
- Chapter 53 - § 53.6 • FEES AND COSTS OF THE PROPONENT AND CONTESTANT
- Chapter 53 - § 53.7 • STANDING AND FIDUCIARY NEUTRALITY
- Chapter 53 - § 53.8 • NO CONTEST — PENALTY CLAUSES IN WILLS AND TRUSTS
- Chapter 53 - § 53.9 • CHALLENGES TO EXECUTION
- Chapter 53 - § 53.10 • BURDENS OF PROOF — CONTESTED CASES
- Chapter 53 - § 53.11 • TESTAMENTARY CAPACITY
- Chapter 53 - § 53.12 • UNDUE INFLUENCE
- Chapter 53 - § 53.13 • REFORMATION OF WILLS
- Chapter 53 - § 53.14 • CONFIDENTIAL OR FIDUCIARY RELATIONSHIP
- Chapter 53 - § 53.15 • EVIDENCE
- Chapter 53 - § 53.16 • DISCOVERY IN WILL CONTEST LITIGATION
- Chapter 53 - § 53.17 • PRESUMPTIONS AND INFERENCES IN PROBATE LITIGATION AND WILL EXECUTIONS
- Chapter 53 - § 53.18 • TORTIOUS INTERFERENCE WITH INHERITANCE
- Chapter 53 - § 53.19 • CONSERVATOR-CREATED WILLS
- Chapter 53 - § 53.20 • PROBATE COURT JURISDICTION REGARDING NON-PROBATE ASSETS
- Chapter 53 - § 53.21 • CIVIL THEFT|CONVERSION|UNJUST ENRICHMENT
- Chapter 53 - § 53.22 • CO-FIDUCIARIES' JOINT AND SEVERAL LIABILITY|COMPARATIVE FAULT
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