Does my mother need a new will since she moved to a different state?
Full Question:
My mother moved to Colorado a few years ago. The will she made years ago with my dad (now deceased) was made in Missouri. Does she need to make a new will now that she is in Colorado? She does not wish to make any changes in the provisions of the will that were made previously.
03/29/2007 |
Category: Wills and Estates |
State: Colorado |
#2346
Answer:
The following are CO statutes:
15-11-506. Choice of law as to execution.
Statute text
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.
15-11-1003. International wills - validity.
Statute text
(1) A will is valid as regards form irrespective particularly of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this part 10.
(2) The invalidity of a will as an international will does not affect its formal validity as a will of another kind.
(3) This part 10 does not apply to the form of testamentary dispositions made by two or more persons in one instrument.
15-11-1004. International wills - requirements.
Statute text
(1) An international will shall be made in writing. It need not be written by the testator himself. It may be written in any language by hand or by any other means.
(2) A testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. Such testator need not inform the witnesses or the authorized person of the contents of the will.
(3) In the presence of the witnesses and of the authorized person the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature.
(4) If the testator is unable to sign, the absence of his signature shall not affect the validity of the international will if such testator indicates the reason for his inability to sign and the authorized person makes note thereof on the will. In such case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator's name for him if the authorized person makes note of this on the will, but it is not required that any person sign the testator's name for him.
(5) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
(6) The provisions of section 15-11-501 shall apply.
15-11-703. Choice of law as to meaning and effect of governing instrument.
Statute text
The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective-share described in part 2 of this article, the provisions relating to exempt property and allowances described in part 4 of this article, or any other public policy of this state otherwise applicable to the disposition.