Handwritten Changes on a Will

What happens if your mother’s will has handwriting on it? Some examples of this could be if someone crossed out a section on a will or added language to a will document. Are the handwritten changes on a will enforceable? How do you know it was your mother who crossed something out or someone else?

Every change to a will does not need to be signed, notarized, or witnessed. Colorado statutes allow for these changes if there is clear and convincing evidence that the change was the person’s intent. This is difficult because this is a higher burden of proof than what is normally required in civil/probate cases.

Handwritten Changes on a Will

This is also difficult because you have to work around hearsay rules, evidentiary rules, and Colorado’s Dead Man Statute which basically prevents testimony regarding what a dead person said if the witness benefits from the statement.

What this all means is that normally an evidentiary hearing with a judge or magistrate needs to be conducted to determine if the handwritten changes on a document are to be enforced.

If a family member or friend of yours has a will with handwriting on it, please contact Rossi Law to evaluate what can be done.