Schroer & Williams Law Office, PLLC

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Does every will have to be written?

On Behalf of | Jun 6, 2019 | Wills |

People in Colorado may have executed a written will that meets all the necessary legal formalities, including being witnessed and signed by the appropriate number of individuals. However, not everyone takes this essential step. Sometimes, a person hand-writes a will without witnesses or may even try to verbalize their dying wishes. It is important to understand whether these types of informal wills will be honored in Colorado.

Colorado recognizes holographic wills. Holographic wills are generally hand-written. These wills may be signed by the creator of the will, but they may not have been witnessed. If a holographic will is signed by the creator and the material provisions of the will are in the creator’s handwriting, it is possible that the will may be valid in Colorado.

However, Colorado does not recognize nuncupative wills. Nuncupative wills are oral. Generally, these wills are stated when the creator’s death is imminent. Sometimes, this is referred to as a “dying declaration.” While these wills may be considered valid in some states, Colorado is not one of them.

So, it is possible to execute a hand-written will in Colorado. However, certain requirements must be met, and it is not uncommon for these types of wills to be challenged after the creator’s death. Determining whether a will is valid can be a complex legal question. Therefore, it is important to understand how Colorado law applies to the facts of your case, so that you can better understand whether a loved one’s will will be considered valid.