Are clerical errors a ground to challenge a will?

On Behalf of | Mar 13, 2024 | Probate

In Colorado, like in most states, involved parties can contest a will on several grounds, such as lack of testamentary capacity, undue influence, fraud or failure to comply with the requirements of a valid will. While these are common reasons to challenge a will, they are not an exclusive list.

Courts may consider other grounds, even those as simple as a clerical error, if they affect the will and its provisions significantly.

Looking into the error’s nature

Clerical errors can be a ground to challenge a will, depending on the nature and the impact of the error. If the error is so significant that it changes the meaning of the will or creates confusion as to the testator’s intentions, then the probate court may consider it as a potential ground for invalidation. Accordingly, if it does not affect the testator’s intent, a clerical error may not be sufficient grounds for a challenge the will.

Your role in ensuring your loved one’s legacy

As a surviving family and someone who holds substantial interest in the probate process, you would want your deceased loved one’s wishes to be respected. If it helps achieve that goal, challenging their will can be a crucial step you need to make. Nonetheless, it is essential to ensure that your reason for contesting the will is valid and reasonable.

If you find a clerical error within your loved one’s will, it is advisable to seek the help of a knowledgeable legal representative to determine whether the clerical error is significant enough to warrant a will challenge during the probate process and what evidence would be necessary to support such a claim.