Colorado Will Contests

Challenging the validity of a Will or Trust are proceedings in the Probate Court which have its unique set of procedural rules that differ from your standard civil litigation case.  Our Colorado Probate attorneys have over 15 years of experience assisting clients through will and trust litigation matters ranging from smaller estates to highly contested estates involving substantial assets. No matter where you are in the process, we can assist you in moving your matter to completion.  

We also have expertise in other litigation matters that arise in the probate court, including common law and marital status challenges, fraudulent transfers, creditor lawsuits, personal representative and trustee breaches and removal.

One major tenet of our firm is that we want to make sure you understand the legal process you’re a part of, and we take time to explain the purpose of each step and your options at every juncture.

Will and Trust Contests

A will or trust can be contested on a few different grounds. It is certainly possible to contest a will/trust successfully, but significant evidence is required, and the burden of proof is on the contester. If you are considering contesting a will/trust, consider discussing your argument and your proof with an attorney. Some of the possible grounds for contesting a will/trust include the following:

• Lack of capacity: proving that the testator/grantor did not have the necessary mental capacity to sign the will/trust.
• Undue influence: proving that another individual, usually someone in a position of trust or power (such as a caretaker), coerced, manipulated or pressured the testator/grantor into making or changing the will/trust against their wishes.
• Revocation: proving that the testator/grantor revoked the will/trust being presented as valid.
• Fraud: proving that the will was created or altered by someone other than the testator/grantor against the testator’s/grantor’s wishes.