INCOMPLETE WILL IS VALID, ARIZONA COURT HOLDS

By Kent Berk on November 21st, 2012 in PROBATE LITIGATION, WILL CONSTRUCTION, WILL CONTESTS, WILL VALIDITY

An Arizona court holds that a will that refers to a list still valid, even if the list is actually not attached. So we ask, is an incomplete will and testament still valid under Arizona probate law?

In this video, Kent Berk, Scottsdale, Arizona probate and estate lawyer, answers these and other questions, and summarizes the Court’s findings in Re: Estate of Gloria Waterloo, Zimmerman v. Allen.

In summary, as long as the document reflects that the person intended to make a will, it is valid and will be enforced to the extent possible, even if the will is incomplete or refers to a non-existent list.

Read the entire case, In Re: Estate of Waterloo, Zimmerman v. Allen, Arizona Court of Appeals, Div. 1, March 8, 2011