Colorado Will Contests: Lack Of Testamentary Capacity

For a will to be valid, the deceased person must have been of sound mind.

Sometimes a will takes family members or will beneficiaries by surprise. For example, the amount left to someone might be unexpectedly small or large; someone close might be omitted from the will; or assets may be left to someone outside the family.

In this situation, those impacted may question whether the will is authentic or valid. Family members may worry that someone took advantage of the decedent or inappropriately influenced his or her decisions.

Colorado law lays out procedures for an interested person to contest the validity of a will in a state court formal testacy proceeding. The procedures are complex and vary with the circumstances, and have detailed deadline and notice requirements.

To contest a will, the contestant must establish at least one of these:

• Lack of testamentary intent or capacity
• Undue influence
• Fraud
• Duress
• Mistake
• Revocation

According to The Colorado Estate Planning Handbook, the two most common grounds raised are lack of testamentary capacity and undue influence. One published Colorado Court of Appeals case illustrates the concept of testamentary intent well.

In the case, a veteran wrote a will leaving only $500 to each of his children, with the remainder of his property left to his mother and sister equally. If one of them died before the testator (writer of the will), the remainder was left to the other in full.

Lack Of Testamentary Capacity

The children argued that their father could not have had the testamentary capacity to execute a valid will because he was not of “sound mind” based on his mental illness and status as a protected veteran over his financial affairs. The trial court held and the appellate court affirmed that the decedent had testamentary capacity under each of the two legal tests that apply.

The court found testimony of the lawyer who prepared the will credible that he had “no doubt in his mind” that the decedent understood the consequences of the will and that the testator had wanted to disinherit his kids because they had had “minimal contact,” whereas his mother and sister had provided “love and support” for years. The small bequests to the children were made after the attorney suggested they would show the testator’s intention that his kids not be primary beneficiaries.

Testamentary capacity is established when all these were true:

• The testator understood the will’s purpose.
• The testator understood the extent of his or her property.
• The testator understood the property disposition.
• The testator understood the “natural objects of his or her bounty” (the people who would be expected to inherit from the person, such as closest family).
• The will represents the decedent’s wishes.

In this case, the children asserted that the second prong was not met. The court disagreed because the testator is not required to know the exact amount of property if its nature is understood and the veteran knew that his estate was comprised of accumulated public benefits received over the years.

In addition, the decedent was not under an “insane delusion” that his estate was “minimal or nominal” because he understood and approved of how his estate was being managed as a veteran under financial guardianship. Finally, the court found that being under veteran’s guardianship for financial matters did not mean that the testator lacked testamentary capacity.

Anyone in Colorado questioning the validity of a will or asserting its authenticity should contact an experienced probate attorney for legal guidance and representation.

General Understanding

Under Colorado law, the testator (the person creating the will) must be considered of “sound mind” to make a will, which means they:

• Understand the purpose of the will: The testator must know the document is meant to outline how their assets will be distributed after death.
• Comprehend the nature and extent of their assets: The testator should be aware of what they own, including property, financial assets and any significant items in their estate.
• Identify the natural beneficiaries: This includes recognizing people who would typically inherit, such as family members or other close relations, whether or not they are named in the will.
• Acknowledge the will’s impact: The testator should understand who will benefit and in what proportions.

Testamentary capacity is important for making sure a will reflects the testator’s genuine intentions, free from outside pressure. These elements help protect the testator’s wishes from manipulation.

Impact On Beneficiaries

When a will is successfully contested and deemed invalid in Colorado, the consequences for beneficiaries can be significant. If the court invalidates the will, the estate may be distributed according to the state’s intestacy laws or a previous valid will, if one exists. This can dramatically alter the intended distribution of assets, potentially leaving some beneficiaries with reduced inheritances or nothing at all.

Beneficiaries can take steps to protect themselves from potential will contests. They should encourage the testator to work with a reputable attorney when creating or updating their will. It’s also advisable for the testator to communicate their intentions clearly to family members during their lifetime, potentially reducing the likelihood of surprises and contests later. If beneficiaries suspect undue influence or lack of capacity, they should document their concerns and consult with a lawyer promptly.

Expert Witnesses And Testimonies

In testamentary capacity cases, expert witnesses play a crucial role in providing the court with specialized knowledge. The testimony of the lawyer who prepared the will is often highly valuable. This attorney can provide insights into the testator’s mental state at the time the will was created, their understanding of the document’s contents, and any concerns about capacity or undue influence.

Other expert witnesses in these cases may include:

• Medical professionals who can speak to the testator’s mental health and cognitive abilities
• Psychologists or psychiatrists who can assess the testator’s decision-making capacity
• Financial advisors who can testify about the testator’s understanding of their assets
• Handwriting experts who can verify the authenticity of signatures

These expert testimonies can significantly influence the court’s decision in determining whether the testator possessed the necessary capacity to create a valid will.

Grounds For Contesting A Will

In Colorado, common grounds for contesting a will include lack of testamentary capacity, undue influence and fraud. Each ground requires specific evidence to show that the will does not reflect the true intent of the testator.

• Lack of testamentary capacity: To challenge a will on this basis, the evidence must show that the testator was not fully aware of their decisions due to mental illness, cognitive impairment or another condition that affected judgment at the time of signing.
• Undue influence: This involves demonstrating that someone close to the testator manipulated or pressured them into making changes. Courts may look for signs such as sudden changes in the will, isolation from family or a significant benefit to a caregiver or close relation.
• Fraud: Proving fraud requires showing that the testator was deceived into signing the will, often through misrepresentation or hiding key facts. This could involve misleading the testator about the content or purpose of the will, leading them to make choices they otherwise wouldn’t have made.

The lawyers at Chayet & Danzo, LLC, in Denver and Edwards represent clients in will-contest cases. Anyone in Colorado questioning a will’s validity or defending its authenticity should contact an experienced probate attorney for guidance and support.