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Yeah. So probate courts are courts of
equity. So the judges have a little
leeway in um their rulings. And so we
can reform a will. So I have
successfully reformed a will basically
as long as there are clear and
convincing. So absolutely clear that
this is what I’m going to in this case
I’ll say the testator the person who
made the will what they wanted. So in my
scenario, the test stator executes a
will and leaves um her estate to her
nieces to her husband’s nieces and
nephew and she identifies them by name.
And then she and her husband later
divorced. So what this woman did not
know is that when you divorce um your
former spouse and any of that spouse’s
relatives cannot inherit from you. So in
a perfect world, the deedent would have
executed a new will name leaving
everything her estate to her husband’s
nieces and nephew. So this woman had no
children. Um she had no siblings. Her
parents were deceased. She’s from
another country. And the people with
whom she was close up until the day she
died were her former husband’s nieces
and nephew. So the statute would have
prohibited my clients from inheriting
millions of dollars. So what we did is
we filed a petition with the court to
reform the will because we had clear
evidence that this woman wanted to leave
her estate to her ex-husband’s nieces
and nephew whom she named and we were
successful in doing that. So that’s just
one example, but there are other
scenarios where um it could even be a
handwritten will and then handwritten
documents later you could kind of argue
they’re all one will. We’re going to
look at them together to uphold the um
the testator’s intent.
Denver, CO estate planning & probate attorney Andrea Mahoney talks about changing a will if you think that there is evidence to show that the will does not reflect the true intentions of the decedent.
