Legal Question in Wills and Trusts in Colorado
Is a non-notarized will, non-witnessed will, valid in Colorado �basically a holographic will�? If the person who wrote it was not oriented to person, place, or time as per medical records when the document was dated? It also solely benefits one person leaving out her family? Several medical records months prior also state the deceased was not of sound mind.
2 Answers from Attorneys
It is not. A holographic will must be hand-written. If all you have is a printed will that has not complied with the statutory terms, the will is invalid. The state of mind is irrelevant. It must comply with the statutory requirements or be a valid holographic will.
A will must be notarized or witnessed. They could still try to admit it, but it would be an uphill fight. Capacity could them come into play, though keep in mind that capacity is a low bar in colorado.
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