December 14, 2018

Colorado Court of Appeals: Former Spouse Not Foreclosed on Standing Grounds from Seeking Reformation of Will

The Colorado Court of Appeals issued its opinion in In re Estate of Little on Thursday, November 29, 2018.

Family LawCommon Law MarriageProbateWillsReformation to Correct Mistakes.

Little’s will devised her estate to her spouse Curry, from whom she later divorced. After her death, Curry claimed that he was entitled to inherit under Little’s will because they had remarried at common law before she died. Alternatively, he sought reformation of the will, contending that Little intended to devise her estate to him regardless of their marital status. The trial court found that Curry failed to show he and Little remarried at common law, and Curry otherwise lacked standing to seek reformation of her will.

On appeal, Curry contended that the provisions in Little’s will devising her estate to him were revived by their common law remarriage under C.R.S. § 15-11-804(5). There was substantial evidence in the record to support the trial court’s findings that Curry and Little were not common law married after their divorce.

Alternatively, Curry contended that the trial court erroneously found he lacked standing to seek reformation of Little’s will under C.R.S. § 15-11-806 because when Little executed her will, she intended for him to inherit her estate regardless of their marital status. The court of appeals reviewed the statutory scheme and found no indication that the General Assembly intended to exclude a former spouse from pursuing reformation under C.R.S. § 15-11-806, or that it intended C.R.S. § 15-11-804(5) to be an ex-spouse’s sole and exclusive remedy for avoiding a statutory revocation due to a divorce. Accordingly, Curry had standing to pursue his reformation claim.

The order determining that Little and Curry were not common law remarried was affirmed. The dismissal of Curry’s reformation claim was reversed and the case was remanded.

Summary provided courtesy of Colorado Lawyer.

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