Having a properly drafted and up-to-date will is one of the most important steps you can ever take. Done right, a will can give you peace of mind knowing that your future and loved ones are secured. On the other hand, a poorly created will can be susceptible to disputes upon your passing.
It is important that you do everything in your power to protect your will from contests. Besides ruining your final wishes, a will contest can also deplete your estate and open the door for costly rifts amongst your loved ones.
Here are some of the common reasons why someone might dispute your will.
You lacked the testamentary capacity while signing the will
To create and sign a will, the testator must have the testamentary capacity to do so. In Colorado, this means that you must be at least 18 years old and have the mental capacity to fully comprehend and understand the legal implication of what you are doing.
As a testator, you must have a competent grasp of the following while creating and signing your will:
- Your estate’s value
- The legal implications of creating a will
- Your beneficiaries
Your will can be contested if there is medical proof that you had a degenerative condition like dementia at the time of signing your will.
If there were issues with witnesses
Under Colorado law, your will must be witnessed by two adults of sound mind. These witnesses must sign the will in your presence. If your will was not properly witnessed (signed by you and your witnesses), then someone could successfully challenge its validity.
The importance of having a will cannot be overstated. Find out how you can create a will that shall reflect your wishes when you are no longer around to speak for yourself.