(1) Although a document, or writing added upon a document, was not executed in compliance with section 15-11-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:
The decedent's will;
A partial or complete revocation of the will;
An addition to or an alteration of the will; or
A partial or complete revival of the decedent's formerly revoked will or a formerlyrevoked portion of the will.
Subsection (1) of this section shall apply only if the document is signed or acknowledged by the decedent as his or her will or if it is established by clear and convincing evidence that the decedent erroneously signed a document intended to be the will of the decedent's spouse.
Whether a document or writing is treated under this section as if it had been executedin compliance with section 15-11-502 is a question of law to be decided by the court, in formal proceedings, and is not a question of fact for a jury to decide.
Subsection (1) of this section shall not apply to a designated beneficiary agreementunder article 22 of this title.
Source: L. 94: Entire part R&RE, p. 998, § 3, effective July 1, 1995. L. 2001: Entire section amended, p. 886, § 2, effective June 1. L. 2010: (4) added, (SB 10-199), ch. 374, p. 1750, § 10, effective July 1.
Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.