Denver, CO asked in Estate Planning for Colorado

Q: Im beneficiary to a will in Colorado, but the owner of the will had me sign and got it notarized. Was I supposed to sign

Related Topics:
1 Lawyer Answer
Kyle Grabulis
Kyle Grabulis
  • Estate Planning Lawyer
  • Fort Collins, CO

A: For answering your question, I presume you mean that you signed the will as a witness. Generally speaking, a will is still valid on its face when signed by the testator (creator of the will), signed by two witnesses, and notarized. Here are some points to consider:

Under Colorado law, a beneficiary of a will is generally allowed to serve as a witness to the execution of the will. However, it is important to note that having a beneficiary serve as a witness can raise questions of potential conflict of interest, which may be subject to legal challenge.

Colorado Law (CRS § 15-11-502) provides that any person who is generally competent to be a witness may act as a witness to a will, including a beneficiary or the spouse of a beneficiary. However, if the witness is also a beneficiary of the will, the gift to that beneficiary may be voided, unless there are at least two other disinterested witnesses who sign the will.

It is generally advisable to have witnesses who are not beneficiaries of the will, to avoid any potential conflict of interest or legal challenge. If the creator of the will is worried about a challenge to the will by another interested party, it is advisable to execute a will with a notary and two disinterested witnesses.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.