Matter of Estate of Royal

We granted certiorari to determine whether a will is validly executed when witnesses to the testator’s signing of the will do not themselves sign the document until after the death of the testator. The court of appeals adopted a rule that allows attestation of a will after the testator’s death upon a showing of exceptional circumstances which make it impossible or extremely impractical for the witnesses to sign the instrument before the testator’s death. In re Matter of Royal, 813 P.2d 790, 792 (Colo.App.1991). Because we find that the policy concerns underlying legislative enactment of…