Contested Wills in Arizona
Arizona law recognizes three different types of wills. Irrespective of the type, a will must be signed and must represent the true wishes of the person. In other words, the person must have been of sound mind and not have been unduly influenced or directed what to put in the will by another person.
Arizona law generally provides that there is a presumption of testamentary capacity (that the person is competent and has sound mind). Thus, the person attacking or trying to cancel a will generally bears the burden of proving lack of capacity before the proponent (the party trying to enforce the will) has any burden.
While challenging a will may be difficult, it can be done. Here are some of the basics.
Who May Contest a Will in Arizona: Standing
To contest a will, it is crucial to determine if you have the legal standing to do so. The following individuals usually have the right to contest a will:
- Beneficiaries of a prior will: If you were named as a beneficiary in a previous version of the will before the one in question, you generally have the right to contest it.
- Beneficiaries of the current will: If you are included as a beneficiary in the current will, you typically have the standing to contest it.
- Beneficiaries of a newer will: If a subsequent will was made after the one in question, and you are listed as a beneficiary in the more recent will, you usually have the right to contest the earlier will.
- Potential heirs under intestacy law: In cases where there is no will, the distribution of assets is determined by intestacy law. If you would be considered an heir according to intestacy laws, such as being a spouse, child, parent, sibling, or other relevant relative based on the family tree, you could potentially contest the will.
It is important to note that the specific legal requirements and regulations surrounding contesting a will can vary by situation.
When Can You Challenge a Will in Arizona?
Under Arizona law, individuals may contest a will if there are concerns about its validity. Contesting a will can be a complex legal process, and the grounds for doing so are strictly defined by Arizona law. Below are the primary reasons a will may be challenged:
1. Failure to Comply with Arizona Law
A will must adhere to specific legal requirements in Arizona. These include proper execution formalities. If the will fails to meet these requirements, it may be invalidated. For example, a handwritten will (holographic will) must be entirely in the testator’s handwriting and signed by them to be valid under Arizona law.
2. Lack of Testamentary Capacity
To create a valid will, the testator must have the legal capacity, commonly referred to as “testamentary capacity.” This means they must have the mental ability to understand three key elements:
- The natural objects of their bounty: The person must have the ability to understand who their beneficiaries are (e.g., family members or close relations).
- The nature and extent of their assets: They must be aware of the property they own and what they are distributing through the will.
- The legal effect of their actions: The testator must have the ability to comprehend that they are creating a will that disposes of their assets according to their wishes.
If the testator lacked testamentary capacity at the time the will was signed, the document could be void.
A will can be challenged under Arizona law if it was the result of undue influence. This occurs when someone exerts pressure or manipulates the testator into making decisions they would not have otherwise made. Common signs of undue influence include sudden or unexpected changes in the will that benefit one individual disproportionately or the isolation of the testator by a specific person. The key question is whether the will reflects the true intentions of the testator or the desires of the influencer.
4. Misconduct Involving a Vulnerable or Incapacitated Adult
Arizona law provides special protections for vulnerable or incapacitated adults. If there is evidence that the testator was exploited, coerced, or taken advantage of due to their vulnerable state, the Court may revoke a person’s inheritance under a will or other benefit from the person they exploited. This is just one of may remedies for abuse, neglect or financial exploitation of a vulnerable adult in Arizona.
5. Statutory Disqualification of a Beneficiary
Certain individuals may be legally disqualified from benefiting under a will. For example, under Arizona’s slayer statute, a murderer is automatically disqualified from benefitting from the death of the victim. Similarly, various beneficiary and other designations between spouses are automatically revoked on divorce of that couple.
6. Forgery
A will can be contested if it is found to be forged. This involves situations where the testator’s signature was falsified or the document itself was fraudulently created. Forgery is a serious allegation and requires clear evidence, such as expert handwriting analysis or witness testimony.
Conclusion
Each of these grounds for contesting a will must be supported by evidence, and the ultimate goal of Arizona probate law is to honor the true intent of the person who created the will. If you believe there are valid grounds to challenge a will, it’s crucial to act quickly and consult with an experienced probate attorney, as Arizona law imposes strict time limits on will contests. For further information and detailed discussions on each of these grounds, please explore the resources and articles linked above. Similar rules typically apply to trusts, deeds and other transfers of property.
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Actions to Interpret or Construe a Will
A will contest may also involve interpreting or construing the will to ascertain what the person meant by a particular provision. Again, the overriding purpose of probate and estate law is to ascertain and give full force and effect to the person’s true intentions. When possible, that intent is exclusively determined from the language of the will itself.
In Pass v. Stephens, the Arizona Supreme Court explained:
The fundamental rule in the construction of both wills and deeds is to give effect to the intention of the party executing the instrument, and this is to be arrived at by the language used, as found in the entire writing. Every clause, and even every word, should, when possible, have assigned to it some meaning. It is only when the terms of the writing are not clear that collateral evidence may be received to ascertain its intent. Otherwise the intent will be gathered from the instrument itself.
So, where there is an ambiguity or the intent of the person cannot be determined from the will or trust, extrinsic evidence (evidence in addition to the document itself) may be admitted to determine the person’s intent. For example, sometimes it is necessary to interview witnesses or review other documents in order to ascertain what the person meant by a particular provision.
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Contact our Experienced Estate Litigation Attorneys
Our Scottsdale, Arizona probate lawyers work with medical professionals, such as neuropsychologists, to review medical records, interview witnesses, and perform psychological examinations in order to determine whether the person lacks or lacked testamentary capacity or was susceptible to undue influence.
Please contact our experienced probate attorneys if you think that a will or codicil (an amendment to a Will), trust, or other transfer was signed when the person lacked testamentary capacity.
Our attorneys have extensive experience resolving virtually all types of will contest disputes and lawsuits, as well as other legal disputes over inheritances, probate and estates. We are here to help if you have a legal matter involving a will, a trust or other inheritance or property dispute.
