Arizona Elements for Testamentary Capacity l Scottsdale, AZ Probate Attorneys

By Kent Berk on September 15th, 2025 in

One of the most common questions we get at Berk Law Group is whether a will or trust is valid under Arizona law — specifically, whether the person who signed it had the mental capacity (sound mind) to do so.

In this video, Kent Berk, founding attorney of Berk Law Group in Scottsdale, Arizona, explains the testamentary capacity standard — the legal test used in Arizona to determine whether someone had the capacity to make a valid will or trust.

Kent covers:
✅ The three key elements of testamentary capacity under Arizona law
✅ The presumption of capacity and who bears the burden of proof
✅ How capacity can be evaluated while the person is alive or after death
✅ Practical steps for those who want to challenge or defend a will or trust

If you have questions about a will or trust contest, or want help evaluating capacity or undue influence issues, please contact us.

Contact Berk Law Group:
https://berklawgroup.com
Scottsdale, Arizona
[email protected] | ☎️ (480) 607-7900