A surprising will change isn’t invalid simply because it disappoints family members or favors a caregiver. In Colorado, the question is whether someone’s words or conduct deprived the person making the will of free choice and caused a different distribution than that person otherwise would have chosen.
That distinction matters in Colorado will contests. The analysis turns on the testator’s freedom of choice, the alleged influencer’s conduct, and the circumstances in which the document was prepared and signed.
What Colorado Law Means by Undue Influence
The term refers to control that overrides a testator’s independent decision-making. A testator is the person who makes a will. Colorado’s pattern jury instructions describe words or conduct that, when a will is made or executed, deprive the testator of free choice and lead to a will or provision the testator wouldn’t otherwise have made.
An unfair result alone doesn’t meet that standard. A person of sound mind generally has the right to leave property as they choose, even if relatives view the decision as unkind, unexpected, or unequal.
Love, affection, kindness, and ordinary family persuasion aren’t automatically improper. An adult child might encourage a parent to revise an estate plan, or a close friend might be present during a difficult period. The concern becomes more serious when ordinary support shifts to control over the testator’s access to people, information, finances, or estate-planning decisions.
When reviewing a suspect will, the useful question isn’t simply, “Who received more?” Ask what happened when the document was prepared and signed and whether the testator remained free to make the decision.
Who Bears the Burden in a Colorado Will Contest
In a Colorado will contest alleging improper influence, the person challenging the will starts with the burden of proving the claim. C.R.S. § 15-12-407 places that burden on the contestant, meaning the person asking the probate court not to accept the challenged will or provision.
Colorado law recognizes circumstances that can shift the analysis. A rebuttable presumption is a legal starting point the other side can counter with evidence. Under the rule reflected in Krueger v. Ary and Colorado’s pattern jury instructions, a presumption of undue influence can arise when three facts are shown by a preponderance of the evidence, meaning more likely than not:
- The alleged influencer had a confidential or fiduciary relationship with the testator.
- The alleged influencer actively or directly participated in making or executing the will.
- The alleged influencer benefited from the will’s terms.
A confidential relationship involves trust and dependence in personal matters. A fiduciary relationship involves a recognized duty to act for another person’s interests, such as duties held by certain agents or representatives. Neither relationship alone proves wrongdoing, but it can matter greatly when paired with active involvement in the will and a personal benefit.
For example, a relative who provides daily care and inherits under a will hasn’t automatically overridden the testator’s choice. The facts carry more weight if that relative selected the lawyer, controlled meetings, directed changes to the document, or excluded the testator from independent advice and family contact.
Records That Can Help Evaluate a Claim
Memories fade quickly after a death, especially when family members experienced events differently. Preserving complete records early provides a clearer picture of the testator’s health, independence, relationships, and decisions at the time of a will change.
Useful materials often include:
- The current will or trust instrument and all available prior versions.
- Financial records, property deeds, and documents showing recent transfers or account changes.
- Medical records that address cognition, medications, mobility, or dependence on others.
- Emails, text messages, letters, calendars, and notes concerning estate-planning meetings or family access.
- Information from witnesses who saw the testator around the time the document was prepared or signed.
A dated timeline is often more useful than a broad accusation. It can connect changes in health and caregiving with the beneficiary’s role in finances, revisions to the estate plan, and communications with the lawyer or witnesses. Original documents and complete records are generally more useful than selected excerpts or recollections alone.
Before signing a waiver, release, receipt, or other probate document, determine what rights it affects. This is particularly important when a family member is asked to approve an accounting, accept a distribution, or give up the ability to raise a later objection.
Deadlines for Will Contests & No-Contest Clauses
Timing can determine whether a court hears a will challenge at all. Under C.R.S. § 15-12-108, a proceeding to probate a will and related testacy proceedings generally must begin within three years after the decedent’s death.
For an informally probated will, a contest may be filed by the later of 12 months after informal probate or three years after the decedent’s death. The probate procedure already used and the document at issue affect which period applies, so those dates should be identified before action is taken.
These statutory rules concern will-related probate proceedings. They aren’t the deadlines for every trust amendment, deed, beneficiary designation, or lifetime transfer dispute, which can follow different rules.
Families are sometimes concerned about a no-contest clause, a will provision intended to penalize a beneficiary for challenging the document. Under C.R.S. § 15-12-905, that type of clause is unenforceable when probable cause exists to institute the proceeding. Probable cause doesn’t mean every challenge succeeds, but it makes a careful review of the evidence and procedural history important before filing.
How Estate Disputes Proceed in Colorado Springs
Estate litigation involving Colorado Springs and El Paso County residents typically proceeds through the El Paso County Combined Courts Probate Division. Reviewing the documents and timeline can distinguish alleged improper pressure from another possible basis for contesting a will, such as lack of testamentary capacity, fraud, duress, mistake, or improper execution.
Some disputes are addressed before a full hearing. The 4th Judicial District may require mediation before a contested probate matter reaches that stage. Mediation and negotiation can be useful when they fit the family’s circumstances, while contested cases often require organized records, witness information, and a clear account of the events surrounding the disputed document.
We represent clients in:
- Will contests involving improper influence, lack of testamentary capacity, fraud, and execution issues.
- Trust disputes.
- Claims involving personal representative misconduct.
- Guardianship or conservatorship disputes.
Matthew Drexler has been licensed to practice law since 2007.
When evaluating a possible claim, preserve the documents, build the timeline, and identify the applicable deadline before signing away rights or relying on assumptions about a no-contest clause. For Colorado Springs families seeking an estate litigation attorney for a will contest, trust dispute, or undue influence claim, call Drexler Law at (719) 259-0050.