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CJI-Civ. 34:9

Presumption of Revocation of Lost Will or Unavailable Will

activein force · 2026-02-25 – presentcompiled-edition

To have a lost or unavailable Will admitted to probate as the testator’s Will, you

must find that the following have been proved by a preponderance of the evidence:

1. The testator executed the Will;

2. The terms of that Will have been established; and

3. The testator did not revoke the Will.

(If you find that the Will was last seen in the control or possession of the testator

and the Will cannot be found following the testator’s death then the law presumes that the

testator destroyed the Will with the intent to revoke it.)

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
5ee2bbe804c3f924b73d16aae2cee345831b14f10420037d43867b2a4faa0212
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CJI-Civ. 34:9 — Presumption of Revocation of Lost Wil… · binding.law