A will is intended to provide instructions for distributing a person's property after death, but the existence of a signed document does not always prevent disputes. Family members or other interested parties may question whether a will is valid, whether it accurately reflects the deceased person's wishes, or whether someone improperly influenced its creation.
Colorado law allows a will to be challenged under certain circumstances during the probate process. However, disagreeing with the distribution of an estate is not, by itself, a sufficient reason to invalidate a will. A successful challenge generally requires a legally recognized basis supported by evidence.
At Littleton Lawyers, we help clients understand Colorado probate disputes, including questions involving contested wills, estate administration, and the validity of estate planning documents.
Contesting a will means formally challenging its validity during the probate process. Rather than simply objecting to who received certain property, the person bringing the challenge argues that the will should not control some or all of the estate.
A will contest can affect beneficiaries, heirs, the personal representative, and the administration of the estate. Depending on the dispute, probate may become significantly more complicated while the court determines whether the challenged document is valid.
Common grounds for challenging a will can involve:
Because the consequences can be substantial, both the person challenging the will and those defending it should understand the legal and factual issues involved.
Not everyone who is unhappy with a will necessarily has the legal ability to challenge it. Generally, a person must have a sufficient interest in the estate to participate in a probate dispute.
For example, a person who would inherit under a previous will could potentially have an interest in challenging a newer document that substantially reduces or eliminates that inheritance. A family member who might inherit under Colorado intestacy law if no valid will existed could also potentially have an interest in the outcome.
Determining who has standing can depend on the particular estate and the competing documents involved.
Our Colorado probate attorneys can review the estate documents and circumstances surrounding a disputed will to help determine what legal options may be available.
Questions about testamentary capacity can become central to a Colorado will contest.
Creating a valid will requires a certain level of mental capacity. A dispute may arise when someone believes the deceased person did not understand what they were doing when the will was signed.
Evidence relevant to capacity may include:
Age alone does not establish a lack of capacity. Likewise, a medical diagnosis does not automatically invalidate a will. The analysis generally focuses on the person's mental capacity when the will was created.
This distinction can become particularly important when someone experienced periods of confusion but also had periods when they were mentally clear.
Undue influence is another potential basis for challenging a will. These disputes typically involve allegations that someone improperly pressured or manipulated the person making the will.
Influence is not automatically improper. Family members routinely discuss estate plans, provide transportation to attorney appointments, or help aging relatives manage daily affairs. The issue is whether someone's conduct overcame the will-maker's independent judgment and resulted in estate planning that did not reflect that person's genuine wishes.
Circumstances that may raise questions can include an abrupt and unexplained change in beneficiaries, increasing isolation from family members, dependence on a particular caregiver, or a person heavily involved in arranging the preparation of a will from which that same person substantially benefits.
Undue influence cases can be highly fact-specific because direct evidence of coercion is not always available. The relationships among the parties and the circumstances surrounding the creation of the will may therefore receive close attention.
Colorado has legal requirements concerning the execution and validity of wills. A dispute may arise when there are questions about whether those requirements were satisfied.
For example, interested parties may disagree about whether the deceased person actually signed the document or whether the procedures used to execute the will were legally sufficient. Questions can also arise when handwritten documents, electronic records, copies, or unusual estate planning documents are discovered after death.
Potential execution disputes may involve:
The fact that a document looks informal does not necessarily determine whether it is valid. Colorado law recognizes particular rules governing wills, so the document and the circumstances surrounding its creation should be reviewed carefully.
Discovering multiple wills can create uncertainty during probate. People commonly update estate plans after major life events such as marriage, divorce, the birth of children, changes in wealth, or the death of a beneficiary.
Ordinarily, the most recent valid will controls. The difficulty arises when there is disagreement over whether the newer document is actually valid.
For example, one beneficiary may argue that a later will properly revoked the earlier version, while another may claim the newer document resulted from undue influence or was signed when the deceased lacked capacity.
Determining which document governs may require examining dates, revocation language, signatures, witnesses, and the circumstances surrounding each will.
A will contest can affect the timing and administration of an estate. The personal representative may still need to protect estate property, address ongoing expenses, and perform other necessary duties while the dispute is pending.
However, distributing contested assets before the validity of the will is resolved can create additional problems. The probate court may need to determine which document governs before the estate can be fully distributed.
During a contested probate matter, issues may include:
Because litigation can reduce the assets ultimately available to beneficiaries, resolving disputes efficiently can be important when circumstances allow.
A will contest often depends heavily on evidence created before the person's death. This can make probate litigation different from many other types of disputes because the person whose intentions matter most is no longer available to explain them.
Estate planning records can be particularly important. Drafts, correspondence, attorney notes, prior wills, and other documents may help establish why changes were made.
Medical records may also be relevant when capacity is disputed. Emails, text messages, financial records, witness testimony, and communications among family members can provide additional context.
Anyone who anticipates a will contest should avoid destroying, altering, or discarding potentially relevant records. Preserving evidence early can be important for both challenging and defending a will.
No. A person generally has the right to decide how property will be distributed, even when family members believe those decisions are unfair.
A parent, for example, may choose to leave different amounts to different children. Someone may leave substantial property to a friend, charity, or other beneficiary rather than dividing everything equally among relatives.
An unexpected inheritance decision may prompt questions, but an unusual distribution is not automatically evidence that a will is invalid. A legal challenge generally requires grounds such as lack of capacity, undue influence, fraud, or another problem affecting the validity of the document.
Understanding that distinction can help families determine whether they are dealing with a genuine probate issue or simply disappointment with the deceased person's choices.
If you are dealing with a contested will or another probate dispute in Colorado, our attorneys are here to help. We can review the estate documents, investigate the circumstances surrounding the will, and explain the legal options available during probate. Call us today or connect with us online to schedule a consultation.
