Add Conditional Fields Legal Colorado Wills Forms For Free

The most common legal grounds for contesting a will include undue influence, testamentary incapacity, fraudulent acts, and improper execution. Each case is unique and requires careful evaluation.

General Rules on Conditional Gifts. Courts try to honor a will-maker's intent as much as they possibly can. They won't, however, enforce a condition that requires a beneficiary to break the law or one that goes against public policy.

Top five mistakes when writing a Will Failing to have the Will witnessed correctly. All Wills need to be signed in the presence of two independent witnesses, who in turn must sign the document. Creating a DIY Will. Forgetting key assets. Not updating the Will after your circumstances change. Not writing one at all.

By inserting a Common Tragedy Clause (sometimes called a “catch-all provision”, “long stop provision” or a “default clause”), the testator remains in control of what happens to his or her estate and who will inherit in the event that all the primary beneficiaries die either before or at the same time as the benefactor.

A testator may put any condition they want into a will, but whether the court will enforce them is another matter. Some conditions cannot be enforced by the court if they are illegal. For instance, a testator cannot require a beneficiary to participate in illegal activity in order to get an inheritance.

For example, a residuary clause can specify the testator's “children, in equal shares” or can distribute the estate unevenly, such as 40% to one child and 60% to another. Residuary clauses should also specify backup beneficiaries in case the initial beneficiaries are dead or renounce their interests in the estate.

No-contest clauses (also known as in terrorem clauses, contest clauses, anti-contest clauses, and forfeiture clauses) are clauses in a will that impose a condition upon a devisee or legatee that they will not dispute the provisions of a will.

Additionally, a will can include other crucial provisions such as the appointment of an executor to oversee the process of estate administration, the designation of guardians for minor children, and specific directives for funeral arrangements or charitable donations.

In order for a will to be considered valid in the state of Colorado, the testator must be at least 18 years old, have it signed by at least two witnesses (either before or after the testator's death), and have it either typed or handwritten. The state does not recognize oral (or "noncupative") wills.