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The majority of individuals in the United States do not have a will or any other estate planning document in place. Often, this is because it can be difficult and painful to confront mortality, the process can be expensive, and people tend to put it off for a time in the future when it feels more urgent. In response to this phenomenon, there are many “simple” and “low-cost” solutions to estate planning available such as online legal form services, DIY books, and fill-in-the-blank forms. These companies try to sell their will-drafting methods as simpler, faster, and cheaper than working with an attorney. What does this mean in practical terms? You get what you pay for.

Recently, a court in France ruled that a text message sent shortly before a man’s death in 2016 altering his will was not enforceable. The court decided that a text message altering the terms of a legally executed will cannot be verified, and so is not considered a valid will. However, a court in Australia found the opposite to be true in 2017, in part because the deceased man used the words “my will” in the text message. These conflicting messages raise the question: what constitutes a valid will in Colorado?