Can You Challenge a Will for Mental Incapacity in Arizona? | Testamentary Capacity l The Berk Brief

By Kent Berk on August 2nd, 2025 in

Your elderly parent changed their will late in life — cutting you out and leaving everything to someone new. But they had memory issues, missed birthdays, and got lost driving. Can that will still be valid? In this episode of The Berk Brief, Kent Berk explains what Arizona law really requires for someone to have testamentary capacity — the legal ability to sign a valid will or trust.

You’ll learn:

The 3 key elements of testamentary capacity

Why this legal standard is surprisingly low

How conditions like dementia may not invalidate a will

What evidence you need to challenge a will

Why timing matters — capacity must exist at the moment of signing

Challenging a will based on lack of capacity can be complicated. If you suspect a loved one didn’t have the mental ability to create or change their estate plan, we can help evaluate whether you have a valid claim. Let’s talk; contact us today! Don’t forget to like, subscribe, and hit the notification bell so you don’t miss the next Berk Brief.