Wills

Questions about the Validity of a Will
Sometimes questions concerning the validity of a will arise when a family probates an estate. A probate court may be called upon to address questions concerning diminished capacity, undue influence, breach of fiduciary duty, or other forms of impropriety before it probates a will. If you claim rights under a will, or you are appointed as an executor, contact The Iyer Law Office, LLC, in Denver, Colorado.

Our firm, represents people contesting and defending the validity of a will during or after its admission to probate. Whenever a person with standing to challenge the validity of a will asserts a timely claim, the court will investigate these concerns before it will probate the will.

Challenging the Validity of a Will
When the validity of a will is suspect, it is important to open probate formally. When probate is opened formally, all beneficiaries under the will receive formal notice of the probate. All parties who wish to challenge the will's validity must do so at this point or waive their rights to later challenge the will. A probate, informally opened, subjects the will to challenges throughout the probate process.

Some of the main issues the court must resolve before it will probate wills, include:

  • Lack of Testamentary Capacity: Family members lack the necessary testamentary capacity to execute valid wills if they fail to understand that they are creating a will, do not know the nature of their assets, or do not know their family members.
  • Undue Influence: Undue influence occurs where an individual improperly uses power or trust placed in him or her by a person in a way that deprives that person of free will and substitutes the other's objective. If there is a confidential relationship, there is a presumption of undue influence.
Other reasons the court may have to investigate before it will probate wills include revocation, duress, mistake, forgery, and misrepresentation. Our attorney represents people defending and challenging the validity of a will.

Before it can probate a will, a court is called upon to settle questions concerning the will's validity. Contact the Iyer Law Office, LLC to learn more about probate litigation concerning a will contest. We represent clients Colorado, including in Denver, Boulder, Aurora, Englewood, Littleton, Westminster, Highlands Ranch, Golden, Lakewood, Glendale, Centennial, Wheat Ridge, Broomfield, Lafayette, Louisville, Castle Rock, Arvada, Denver County, Arapahoe County, Jefferson County, Adams County, Boulder County, Douglas County, Broomfield County, Denver metro, University Hills, Front Range, and the Denver Tech Center.

If you or someone you know in Denver, Colorado Springs or throughout Colorado needs the assistance of an experienced Denver Criminal Lawyer, call Attorney Venkatesh "Vee" Iyer today at 303-337-0473, or complete the contact form provided on this site to schedule your free consultation.