Chapter 53 - § 53.17 • PRESUMPTIONS AND INFERENCES IN PROBATE LITIGATION AND WILL EXECUTIONS

• Jurisdiction: Colorado

§ 53.17 • PRESUMPTIONS AND INFERENCES IN PROBATE LITIGATION AND WILL EXECUTIONS

Presumptions are rules of convenience based on experience or public policy and established to facilitate the ascertainment of truth in the trial of causes. Moore v. Skiles, 274 P.2d 311, 315 (Colo. 1954). "An inference is a conclusion that follows, as a matter of reason and common sense, from the evidence." CJI-Civ. 3:8 (CLE ed. 2020). Presumptions and inferences are an integral part of Colorado law. Both the Colorado Rules of Evidence and the Colorado Jury Instructions set forth numerous presumptions that shift the burden of going forward with evidence to rebut the presumption. The CPC also contains presumptions regarding such things as competency of witnesses, death, and a testator's intent with regard to revocation, modification, or ratification of a will. There is also a presumption of due execution of a self-proved will and presumptions related to ownership of property between spouses, transfers between parents and children, and contributions to multiple-party accounts.

On March 16, 2009, the Colorado Supreme Court in Krueger v. Ary, 205 P.3d 1150 (Colo. 2009), discussed at length the presumptions of undue influence and unfairness in litigation involving inter vivos transfers. The Colorado Supreme Court also specifically addressed the issue of whether these presumptions disappear under the "bursting bubble" theory or remain in the case to be considered with all other evidence in the presence of sufficient rebuttal evidence. In overruling some earlier cases, the Colorado...