2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 11 - Intestate Succession and Wills
Part 5 - Wills and Will Contracts and Custody and Deposit of Wills
§ 15-11-505. Who May Witness
- An individual generally competent to be a witness may act as a witness to a will.
- The signing of a will by an interested witness does not invalidate the will or any provision of it.
History. Source: L. 94: Entire part R&RE, p. 1000, § 3, effective July 1, 1995.
Editor's note:
This section is similar to former § 15-11-505 as it existed prior to 1995.
ANNOTATIONLaw reviews. For note, “Some Problems Relating to Testamentary Witnesses”, see 23 Rocky Mt. L. Rev. 458 (1951). For article, “Evidence in Estate Proceedings”, see 24 Rocky Mt. L. Rev. 437 (1952). For article, “Age Requirements in Colorado: A Guide for Estate Planners”, see 34 Colo. Law. 87 (Aug. 2005).
Annotator's note. Since § 15-11-505 is similar to repealed laws antecedent to CSA, C. 176, § 42, relevant cases construing those provisions have been included in the annotations to this section.
Under this section a legatee is competent as an attesting witness; but unless sufficiently attested by other competent witnesses, the will is void as to his legacy. White v. Bower, 56 Colo. 575 , 136 P. 1053 (1913).
Competency of attesting witnesses to wills must be tested by the general law relating to competency of witnesses as provided by statute, and not by the common law. The test is whether she would have been a competent witness in court, at the time of attesting the will, to testify to the facts of its execution. White v. Bower, 56 Colo. 575 , 136 P. 1053 (1913).
