Colorado § 15-11-513 - Separate writing or memorandum identifying devise of certain types of tangible personal property.

§ 15-11-513. Separate writing or memorandum identifying devise of certain types of tangible personal property.

Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be either in the handwriting of the testator or be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.

Source: L. 94: Entire part R&RE, p. 1002, § 3, effective July 1, 1995. L. 95: Entire section amended, p. 355, § 5, effective July 1.

Editor's note: This section is similar to former § 15-11-513 as it existed prior to 1995.

ANNOTATION

Law reviews. For article, "Estate Planning for Young Lawyers", see 14 Colo. Law. 53 (1985).

Handwritten list found in safe deposit box of deceased may be found to be a valid holographic codicil to will if signature and material provisions are in handwriting of deceased, but evidence must show the writing was executed with testamentary intent and evidence failed to make such showing since the list was undated and had no language indicating it was to operate as codicil. In the Estate of Harrington, 850 P.2d 158 (Colo. App. 1993).

If a contemplated post-will memorandum disposing of certain items of personal property is not in existence at the time of the decedent's death, the items of personal property sought to be transferred are limited to items of "tangible personal property", which could be disposed of by such memorandum. In the Estate of Sandstead, 897 P.2d 883 (Colo. App. 1995).

Applied in Robinson v. Blake, 638 P.2d 809 (Colo. App. 1981).