Is Your Colorado Will Valid? Check for These 6 Fatal Flaws That Can Void Your Wishes

Are you gambling with your final wishes? Don’t let your Colorado will fall victim to fatal flaws that could void your desires.

Faulty execution and other hidden defects quietly invalidate many well-intended wills each year. It happens more than expected – a signed document full of flaws causing painful family disputes.

Before your dying wishes get denied, proactively check your documents for these six fatal flaws that derail even airtight Colorado wills:

1. Lack of Testamentary Capacity

For a Colorado will to be valid, you must hold the requisite mental capacity to draft and execute it. This requirement is known as testamentary capacity. Generally, you must understand who your natural heirs are, who will take assets, the document’s effect on all your heirs (named and unnamed), and which assets you possess.

Lack of testamentary capacity is one of the main ways dissatisfied heirs contest a will in Colorado probate litigation. They argue the testator lacked a sound mind and legal ability to execute a valid last will.

Incapacity claims allege that during estate planning, the testator held:

• Dementia, Alzheimer’s, and other mental decline
• Evidence of confusion, memory loss, or disorientation
• Uncharacteristic behavior changes
• Suspected undue influence by caregivers or others

To avoid this, it’s important to ensure that you have the necessary mental capacity when creating your will.

2. Undue Influence or Coercion

Another primary ground for Colorado will disputes stems from suspected undue influence. This claim involves an accusation that someone pressured you or impaired your judgment as they persuaded you to draft or alter a will for their benefit.

Undue influence claims allege:

• The testator relied heavily on an influencer while in an isolated or confidential relationship
• The testator lacked social ties or support systems
• The testator experienced anxiety, confusion, or coercion during the will signing
• Will changes deviated drastically from previously expressed wishes

3. Glaring Mistakes or Ambiguous Language in the Document

Mistake contests involve identifying technical errors serious enough to void a will.

Grounds can include:

• Unsigned or undated wills
• Ambiguous beneficiary naming
• Misidentification of executors or assets
• Unclear amendments or addenda

4. Miscommunicated Revocations or Changes to Your Will

Revocations argue that the testator rescinded their documented estate wishes by:

• Creating a newer will or trust
• Destroying or defacing the revoked document
• Handwritten statements intending to withdraw the will

5. Failure to Follow Proper Execution Requirements

In Colorado, for a will to be valid:

• It must be in writing
• Signed by the testator
• Signed by two adult witnesses in the testator’s presence

Notarization is recommended, even if not mandated.

6. Failure to Update the Will

Life changes like marriage, divorce, children, or new assets require updates to your will.

How to Properly Execute a Colorado Will

Colorado requires:

• The testator to sign at the end of the document
• Two adult witnesses to sign in the testator’s presence
• A self-proving affidavit for easier probate

Colorado also recognizes handwritten wills if:

• Material portions are in the testator’s handwriting
• Distribution instructions are clear
• The will is signed and dated

Start Planning Your Legacy With a Colorado Estate Planning Attorney

To reduce disputes and ensure your wishes are respected:

1. Maintain documentation of competence and intent during planning
2. Review your will regularly
3. Communicate your estate plan to family

Let Hammond Law Group guide you through the process.
Contact them today.