Challenging a will or a trust can be a complex and emotional process, but there are several valid reasons why you might consider doing so. Here are the top 10 reasons to challenge a will or trust in Arizona:
- Lack of Testamentary Capacity – If the testator (the person who made the will) lacked the mental capacity to understand the nature and consequences of their actions when the will was created, it can be challenged. This could be due to conditions such as dementia, insanity, intoxication, or other forms of incapacity.
- Undue Influence – If the testator was manipulated or coerced into making the will in a particular way, it can be contested. This often occurs when a caregiver or acquaintance exerts significant control over the testator’s decisions.
- Fraud or Forgery – A will can be challenged if it is suspected to be fraudulent or forged. This means the will does not reflect the true intentions of the testator because it was altered or created under false pretenses.
- Improper Execution – Wills must adhere to specific legal requirements, such as being signed by the testator and witnessed by a required number of individuals. If these formalities were not followed, the will can be contested.
- Revocation – If there is evidence that the testator revoked the will before their death, it can be challenged. This could involve the creation of a newer will or the destruction of the existing one.
- Ambiguities in the Will – If the language of the will is unclear or ambiguous, disputes among beneficiaries may arise. In such cases, a legal challenge may be necessary to seek clarification or court interpretation.
- Omissions or Mistakes – If the will contains significant errors or omissions, such as leaving out a rightful beneficiary or incorrectly describing assets, it may be challenged.
- Conflicting Wills – If multiple wills or codicils (amendments to a will) exist and contradict each other, a legal challenge may be required. The court will determine which document best reflects the testator’s true intentions.
- Fraudulent Inducement – If the testator was deceived or misled into drafting or modifying their will under false pretenses, the will can be challenged on the basis of fraudulent inducement.
Understanding these potential grounds for contesting a will or trust can help ensure that the writer’s true wishes are honored and that the estate is distributed fairly. Some wills and trusts include no-contest clauses, which penalize beneficiaries who challenge the will or trust, so be on the lookout for those provisions. However, if there is probable cause to believe the will or trust is invalid, the penalty may not be enforceable.
At Berk Law Group, we have extensive experience in probate litigation, including will and trust contests. Our dedicated legal team understands the complexities of estate disputes and works diligently to protect our clients’ rights and interests. If you suspect that a will or trust is invalid or unfair, seeking legal guidance is essential. Consulting with an experienced estate attorney can help you understand your options and protect your rights. Contact us today to discuss your case and take action to ensure justice and fairness in the distribution of your loved one’s estate.
Want to learn more about will and trust contests? Read this article or watch this video!
