reglab/housing_qa huggingface dataset:
CO Code § 15-11-505 (2021)
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.   ANNOTATION   Law 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 Since § 15-11-505 is similar to repealed laws antecedent to CSA, C. 176, § 42, relevant cases construing those provisions have been included in the annotations to this section.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).
CO Code § 15-11-506 (2021)
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|§ 15-11-506. Choice of Law as to Execution

 A written will is valid if executed in compliance with section 15-11-502 or 15-11-503 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where, at the time of execution or at the time of death, the testator is domiciled, has a place of abode, or is a national.   History. Source: L. 94: Entire part R&RE, p. 1000, § 3, effective July 1, 1995.    Editor's note:   This section is similar to former § 15-11-506 as it existed prior to 1995.
CO Code § 15-11-508 (2021)
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|§ 15-11-508. Revocation by Change of Circumstances

 Except as provided in sections 15-11-803 and 15-11-804 , a change of circumstances does not revoke a will or any part of it.   History. Source: L. 94: Entire part R&RE, p. 1001, § 3, effective July 1, 1995.    Editor's note:   This section is similar to former § 15-11-508 as it existed prior to 1995.   ANNOTATION   Law reviews. For article, “Dissolution of Marriage and Estate Planning Issues”, see 18 Colo. Law. 439 (1989).   New probate code inapplicable to will automatically revoked by statute. Where decedent's will was automatically revoked by operation of statute that was in effect at the time of decedent's marriage, the new probate code did not apply to will of decedent even though he died after 1974. Phillips v. Liechty, 674 P.2d 1001 (Colo. App. 1983).   Applied in Wimbush v. Wimbush, 41 Colo. App. 289, 587 P.2d 796 (1978).
CO Code § 15-11-509 (2021)
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|§ 15-11-509. Revival of Revoked Will

  If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section 15-11-507 (1)(b), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.    If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under section 15-11-507 (1)(b), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.    If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.     History. Source: L. 94: Entire part R&RE, p. 1001, § 3, effective July 1, 1995.    Editor's note:   This section is similar to former § 15-11-509 as it existed prior to 1995.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   Requisites for revival of revoked but undestroyed will. If the decedent intends to revive an existing previous will which has been revoked but undestroyed, that intention can only be manifest by declaration in compliance with § 15-11-502 , thus accomplishing a republication of the will. Bailey v. Kennedy, 162 Colo. 135 , 425 P.2d 304 (1967).   Situation in which “dependent relative revocation” will not apply. The doctrine of “dependent relative revocation” which makes the revocation of a will ineffective and entitles the copy to be probated, cannot be applied where the will is lost or destroyed, and where the decedent tore up the will. Bailey v. Kennedy, 162 Colo. 135 , 425 P.2d 304 (1967).
CO Code § 15-11-510 (2021)
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|§ 15-11-510. Incorporation by Reference

 A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.   History. Source: L. 94: Entire part R&RE, p. 1001, § 3, effective July 1, 1995.    Editor's note:   This section is similar to former § 15-11-510 as it existed prior to 1995.   ANNOTATION   This section allows a court interpreting the intent of the testator of a trust to read and interpret all relevant documents as a whole. Denver Found. v. Wells Fargo Bank, 163 P.3d 1116 (Colo. 2007).
CO Code § 15-11-511 (2021)
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|§ 15-11-511. Testamentary Additions to Trusts

  A will may validly devise property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.    Unless the testator's will provides otherwise, property devised to a trust described in subsection (1) of this section is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and is administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.    A revocation or termination of the trust before the death of the testator causes the devise to lapse, but exhaustion of trust corpus between the time of execution of the testator's will and the testator's death shall not constitute a lapse; a revocation or termination of the trust before the death of the testator shall not cause the devise to lapse, if the testator provides that, in such event, the devise shall constitute a devise to the trustee of the trust identified in the testator's will, and on the terms thereof, as they existed at the time of the execution of testator's will, or as they existed at the time of the revocation or termination of the trust, as the testator's will provides.     History. Source: L. 94: Entire part R&RE, p. 1001, § 3, effective July 1, 1995.    Editor's note:   This section is similar to former § 15-11-511 as it existed prior to 1995.   ANNOTATION   Unfunded trust not invalid. The fact that a trust was not funded after it was created, or that a trust corpus did not exist, does not affect the validity of the trust. Ayres v. King, 643 P.2d 788 (Colo. App. 1981), rev'd on other grounds, 665 P.2d 594 (Colo. 1983).
CO Code § 15-11-512 (2021)
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|§ 15-11-512. Events of Independent Significance

 A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event.   History. Source: L. 94: Entire part R&RE, p. 1002, § 3, effective July 1, 1995.    Editor's note:   This section is similar to former § 15-11-512 as it existed prior to 1995.
CO Code § 15-11-513 (2021)
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|§ 15-11-513. Separate Writing or Memorandum Identifying Devise of Certain Types of Tangible Personal Property

 Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be either in the handwriting of the testator or be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.   History. Source: L. 94: Entire part R&RE, p. 1002, § 3, effective July 1, 1995. L. 95: Entire section amended, p. 355, § 5, effective July 1.    Editor's note:   This section is similar to former § 15-11-513 as it existed prior to 1995.   ANNOTATION   Law reviews. For article, “Estate Planning for Young Lawyers”, see 14 Colo. Law. 53 (1985).   Handwritten list found in safe deposit box of deceased may be found to be a valid holographic codicil to will if signature and material provisions are in handwriting of deceased, but evidence must show the writing was executed with testamentary intent and evidence failed to make such showing since the list was undated and had no language indicating it was to operate as codicil. In the Estate of Harrington, 850 P.2d 158 (Colo. App. 1993).   If a contemplated post-will memorandum disposing of certain items of personal property is not in existence at the time of the decedent's death, the items of personal property sought to be transferred are limited to items of “tangible personal property”, which could be disposed of by such memorandum. In the Estate of Sandstead, 897 P.2d 883 (Colo. App. 1995).   Applied in Robinson v. Blake, 638 P.2d 809 (Colo. App. 1981).
CO Code § 15-11-515 (2021)
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|§ 15-11-515. Deposit of Will With Court in Testator's Lifetime

 A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will shall be sealed and kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination.   History. Source: L. 94: Entire part R&RE, p. 1003, § 3, effective July 1, 1995. L. 96: Entire section amended, p. 658, § 8, effective July 1.    Editor's note:   This section is similar to former § 15-11-901 as it existed prior to 1995.   ANNOTATION   Applied in Jenkins v. Mesa County Dist. Court, 620 P.2d 721 (Colo. 1980) (decided under former § 15-11-901 as it existed prior to the 1994 repeal and reenactment of part 9).
CO Code § 15-11-516 (2021)
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|§ 15-11-516. Duty of Custodian of Will; Lodging of Will After Death; Transfer of Lodged Will; Liability

  Within ten days after a testator's death or as soon thereafter as the death becomes known to the custodian of an instrument purporting to be the testator's will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the decedent resided or was domiciled at death for lodging in the records of such court. If the decedent was not a Colorado resident or domiciliary, the custodian shall deliver the will to the court having probate jurisdiction where the decedent was a resident or domiciliary at death, if known to the custodian, but if such residence or domicile is not known, to the court having probate jurisdiction in any Colorado county where property of the decedent was located at death. If the domicile, residence, and location of property are unknown to the custodian, or if the court having probate jurisdiction outside of Colorado refuses to accept delivery of the will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the will was located. Upon being informed of the testator's death, a court holding a deposited will shall lodge the will in its records.    Upon the filing of a petition or application showing appropriate venue to be in another state or in another Colorado county, the court shall order the lodged will transferred to the court having probate jurisdiction in that state or county. Any person who willfully fails to deliver an instrument purporting to be a will is liable to any person aggrieved for the damages that may be sustained by the failure.    Any person who willfully refuses or fails to deliver an instrument purporting to be a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.     History. Source: L. 94: Entire part R&RE, p. 1003, § 3, effective July 1, 1995. L. 96: Entire section amended, p. 658, § 9, effective July 1.    Editor's note:   This section is similar to former § 15-11-902 as it existed prior to 1995.   ANNOTATION   This section requires that any person having in possession any last will shall within a certain time after the death of the testator present the same to the district court of the county for probate. But no statute requires that he shall thereby become a party to a suit or to any proceeding by which he might become liable for any costs. It is immaterial by whom a will is presented. In fact, there are no parties to the proceeding in a district court to probate a will. When the will is produced, the court may proceed of its own motion. The proceeding is in rem. The judgment is in rem, and is not for or against any party. From it any person interested may appeal. Blackman v. Edsall, 17 Colo. App. 429, 68 P. 790 (1902) (decided under repealed laws antecedent to CSA, C. 176, § 47).
CO Code § 15-11-517 (2021)
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|§ 15-11-517. Penalty Clause for Contest

 A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.   History. Source: L. 94: Entire part R&RE, p. 1003, § 3, effective July 1, 1995.
CO Code § 15-11-601 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 11 - Intestate Succession and Wills|Part 6 - Rules of Construction Applicable Only to Wills|§ 15-11-601. Scope

 In the absence of a finding of a contrary intention, the rules of construction in this part 6 control the construction of a will. In the absence of a finding of a contrary intention, the provisions of sections 15-11-603 and 15-11-604 shall apply to wills and codicils executed or republished or reaffirmed on or after July 1, 1995, and prior law (sections 15-11-605 and 15-11-606 ) shall apply to wills and codicils executed prior to July 1, 1995, and not republished or reaffirmed on or after that date. In the process of determining whether a contrary intention exists, the rules of construction of this part 6 shall not apply.   History. Source: L. 94: Entire part R&RE, p. 1003, § 3, effective July 1, 1995. L. 95: Entire section amended, p. 356, § 6, effective July 1.    ANNOTATION   The cardinal rule in the interpretation of wills or other testamentary documents is that the testator's intent should be ascertained from the instrument itself and given effect. Meier v. Denver United States Nat'l Bank, 164 Colo. 25 , 431 P.2d 1019 (1967); Mass. Co. v. Evans, 924 P.2d 1119 (Colo. App. 1996).   Executor of decedent's estate was entitled to principal of trust created by decedent as a fiduciary, and not personally, under trust provision indicating that principal should go to executor. The mere addition of a codicil to will that named executor in place of previously named corporate executor was not clear manifestation of a new intent to make the executor the trust beneficiary. Mass. Co. v. Evans, 924 P.2d 1119 (Colo. App. 1996).
CO Code § 15-11-602 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 11 - Intestate Succession and Wills|Part 6 - Rules of Construction Applicable Only to Wills|§ 15-11-602. Will May Pass All Property and After-Acquired Property

 A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.   History. Source: L. 94: Entire part R&RE, p. 1003, § 3, effective July 1, 1995.    Editor's note:   This section is similar to former § 15-11-604 as it existed prior to 1995.   ANNOTATION   After-acquired property may pass by will. Unless a testator clearly shows an intention to not convey after-acquired property, all the property of which he died seized passes by the will. Woodward v. Woodward, 33 Colo. 457 , 81 P. 322 (1905) (decided under repealed laws antecedent to CSA, C. 176, § 40).
CO Code § 15-11-604 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 11 - Intestate Succession and Wills|Part 6 - Rules of Construction Applicable Only to Wills|§ 15-11-604. Failure of Testamentary Provision

  Except as provided in section 15-11-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.    Except as provided in section 15-11-603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.     History. Source: L. 94: Entire part R&RE, p. 1006, § 3, effective July 1, 1995.    Editor's note:   This section is similar to former § 15-11-606 as it existed prior to 1995.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   Failure of residuary devise is controlled by rule of construction established by subsection (2); however, rule is inapplicable if will indicates contrary intent. Matter of Estate of Fryer, 874 P.2d 490 (Colo. App. 1994) (decided under former § 15-11-606 ).   Where no contrary intent is evidenced in will, application of rule of construction set forth in subsection (2) is proper. Matter of Estate of Fryer, 874 P.2d 490 (Colo. App. 1994) (decided under former § 15-11-606 ).   Rule of construction set forth in subsection (2) properly applied to construe effect of omission where will left estate to niece and three friends and provided for the possibility of the three friends predeceasing testatrix but did not provide for niece predeceasing testatrix. Deceased niece's share properly went to surviving friends. Matter of Estate of Fryer, 874 P.2d 490 (Colo. App. 1994) (decided under former § 15-11-606 ).   The rule of construction codified by this section does not apply if it is contrary to the testator's intent as expressed in the will. Haskins v. Garrett, 820 P.2d 350 (Colo. App. 1991).   If the life beneficiary of the trust predeceases the testator, the remainder beneficiary takes as if the provision for the life estate was not made. But this majority rule of construction will only apply if it is consistent with the language of the will and the circumstances existing at the time the will was executed. Haskins v. Garrett, 820 P.2d 350 (Colo. App. 1991).   Applied in Lujan v. United Bank of Greeley, 701 P.2d 1258 (Colo. App. 1985).