In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
Colorado Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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FAQ
A will is the product of undue influence under Colorado law when the actions of another person deprive the testator of free will, such as through duress or coercion, and the person's behavior causes the testator to include provisions in the will that are different than he or she would otherwise have chosen to include.
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.
A will may be deemed invalid if it is the product of undue influence. In Colorado, this occurs when another person's actions take away the free will of the testator, such as in cases of coercion or duress.
Successfully proving an allegation of undue influence in Colorado involves four elements: Proving that the testator was susceptible. Proving that the influencer had the opportunity to exert undue influence. Proving that the undue influence was exerted or attempted.
Undue influence is a serious challenge to raise against a will or trust. If successful, the document may be invalidated. For that reason, when proving undue influence, extraordinary evidence must be presented, which means having an excellent probate litigation attorney by your side.
Proving Undue Influence: Sometimes undue influence can be proved by showing that the testator/settlor was subjected to threats, misrepresentation, flattery, fraud or physical or moral coercion that is ?sufficient to overpower volition, destroy free agency, and impel the testator/settlor to act against their ...
A will or trust can be declared invalid if undue influence was used on the deceased to obtain assets that would otherwise have gone to others.
During the course of probate, it may become apparent that the will is invalid. While you cannot contest a will simply because you are unhappy with it, appropriate reasons to submit a challenge include: Lack of testamentary capacity in the deceased. Undue influence.