The Denver will contests lawyer at Donald Glenn Peterson Attorney at Law will aggressively represent our clients’ rights and interests in any disputes over the legitimacy of a will.
According to Colorado law, for a will to be legally valid, the decedent or willmaker must:
- Be at least 18 years old at the time the will is drafted and authorized
- Be mentally competent at the time the will is drafted and authorized (meaning that he must know that he is making a will, understand that nature of his assets and know who is beneficiaries are)
Although it’s typically easy enough to prove age at the time a will is drafted by invoking the willmaker’s birth certificate, challenges to his mental competency can be far trickier to prove. Some of the specific arguments that can be made when contesting a will on the basis of mental competency include that the decedent:
- Lacked testamentary capacity when drafting the will: This could be due to, for example, a medical condition, such as dementia, traumatic brain injury or Alzheimer’s disease.
- Was under undue influence or duress when drafting the will: In such cases, the allegation will be that the decedent was somehow deprived of his free will or was forced into drafting the will in a specific manner that went against his wishes.
Additionally, a will may be contested in probate court if:
- There are other versions of the will with later dates than the one being used.
- The will was not signed by the appropriate parties.
- There are allegations that a will was forged or some other type of fraud was associated with drafting the will.
Consulting with an Experienced Denver Will Contests Lawyer
If you are contesting a will, the Denver will contest lawyer at Donald Glenn Peterson Attorney at Law is here to help you mount the strongest possible case and to aggressively protect your rights at every stage of the complicated legal process. Regardless of the precise nature of the dispute in your case, our full-service law firm can effectively defend your rights and interests to help you get through the legal process as favorably and efficiently as possible.
For more information regarding our services, as well as professional legal advice regarding the best manner in which to move forward with a contested will, contact the experienced and trusted Denver will contest lawyer at Donald Glenn Peterson Attorney at Law by emailing us or calling (303) 758-0999.