Certificate that requirements for an international will have been met.

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(1) The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of this part 10 for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator.

(2) The certificate shall be substantially in the following form:

CERTIFICATE

  1. I, _______________ (name, address, and capacity), a person authorized to act in connection with international wills,

  2. certify that on ______ (date) at ___________ (place)

  3. (testator) ___________________________________________________________

(name, address, and date and place of birth) in my presence and that of the witnesses

  1. (a) _____________ (name, address, and date and place of birth)

    1. _____________ (name, address, and date and place of birth) has declared that the attacheddocument is his will and that he knows the contents thereof.

*(c) ______________ (social security number or any other individual-identifying number established by law)

  1. I furthermore certify that:

  2. (a) In my presence and in that of the witnesses

(1) the testator has signed the will or has acknowledged his signature previously affixed.

*(2) following a declaration of the testator stating that he was unable to sign his will for the following reason _________________________, I have mentioned this declaration on the will,

* and the signature has been affixed by ______________ (name and address) (to be completed if testator unable to sign)

  1. (b) the witnesses and I have signed the will;

  2. *(c) each page of the will has been signed by _______________ and numbered (to be completed if testator unable to sign);

  3. (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;

  4. (e) the witnesses met the conditions requisite to act as such according to the law under which I am acting;

*(f) the intended place of deposit of safekeeping of the instrument pending the death of the testator is _________________.

  1. *(g) the testator has requested me to include the following statement concerning the safekeeping of his will:

  2. PLACE OF EXECUTION

  3. DATE

  4. SIGNATURE

* to be completed if appropriate

Source: L. 89: Entire part added, p. 812, § 1, effective April 17.

  1. Effect of certificate. In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this part 10. The absence or irregularity of a certificate does not affect the formal validity of a will under this part 10.

Source: L. 89: Entire part added, p. 814, § 1, effective April 17.

  1. Revocation. An international will is subject to the rules of revocation of wills set forth in part 5 of this article.

Source: L. 89: Entire part added, p. 814, § 1, effective April 17.

  1. Source and construction of this part. Sections 15-11-1001 to 15-11-1008 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this part 10, regard shall be had to its international origin and to the need for uniformity in its interpretation.

Source: L. 89: Entire part added, p. 814, § 1, effective April 17.

  1. Persons authorized to act in relation to international will - eligibility recognition by authorizing agency. Individuals who have been admitted to practice law before the courts of this state and are currently licensed so to do are authorized persons in relation to international wills.

Source: L. 89: Entire part added, p. 814, § 1, effective April 17.

  1. Filing of international will - certificate and deposit of will. (1) (a) The authorized person may file, at the time the international will is made, a completed copy of the certificate required by this part 10 with the clerk of the court having probate jurisdiction in the county in which the testator is domiciled.

  1. If the testator is not domiciled in Colorado, the authorized person may file the completed copy of the certificate with the clerk of the court having probate jurisdiction in the county where the international will was executed.

  2. The failure of the authorized person to correctly file a properly completed certificatewith the appropriate court shall not in and of itself invalidate the international will.

(2) Nothing in this section shall be construed to limit the ability of the testator or the testator's agent to deposit an international will with any court for safekeeping as authorized in section 15-11-515.

Source: L. 89: Entire part added, p. 814, § 1, effective April 17. L. 94: (2) amended, p. 1037, § 8, effective July 1, 1995.


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