CO · jury_instructions
CJI-Civ. 34:13
Elements of Proof of Insane Delusion
For the contestant to prove that the Will, or a part of the Will, is not valid because
the testator suffered from an insane delusion, you must find that the following have been
proved by a preponderance of the evidence:
1. The testator suffered from an insane delusion as defined in Instruction ___ (insert
the number assigned in the case to the instruction that sets forth Instruction 34:12);
2. The testator was under the insane delusion at the time of the making of the Will;
3. The testator’s insane delusion materially affected the disposition(s) made in the
Will; and
4. The Will, or part of the Will, was the result of the insane delusion.
If you find that all of these (number) statements have been proved by a
preponderance of the evidence, then your verdict must be for the contestant.
On the other hand, if you find that any one or more of these (number) statements
have not been proved by a preponderance of the evidence, then your verdict must be for
the proponent.
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
92f957f4152954bbe492d29a87e5442c5728e11508b18a9721def9fee5a5a9fa
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