AFFIDAVIT OF SCRIVENERS ERROR - Pitkin County Colorado 2025

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A scriveners affidavit is a legal document used to correct minor errors in a previously recorded document. It is a sworn statement by the individual who drafted the document and is used to amend inaccuracies without altering the main intent of the involved parties.
Sample Letter of Error: Error letters are letters addressed to point out errors that someone has made and try to improve or correct them. Some mistakes are more severe and more extensive than others, and some even have economic consequences.
The Doctrine of Scriveners Error is a rule that allows a mistake in a written document to be corrected if there is clear and convincing evidence of a typographical error. This means that if there is a mistake in a document that was not intended, it can be fixed as long as there is proof that it was a mistake.
In estate planning, a scriveners affidavit validates the intentions behind wills and trusts. It affirms that the drafting process adhered to the testators wishes and legal requirements. This affidavit can address any doubts regarding language or provisions, providing clarity for beneficiaries.
The affidavit form outlines the person making the change (affiant), the error that initially occurred, the correct information that should have appeared on the original document, and the signature of the affiant and a notary public.
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How to fill out the Scriveners Affidavit for Document Correction? Gather the original document and identify the errors. Fill out your personal information including name, address, and relationship to the document. Clearly state the mistakes found in the original document. Provide the correct information as needed.
It is widely accepted that courts may correct legislative drafting mistakes, i.e., so-called scriveners errors, if and only if such mistakes are absolutely clear. The rationale is that, if a court were to recognize a less clear error, it might be rewriting the statute rather than correcting a technical mistake.

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