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Contesting a Will in Arizona

Blog 2016 February Contesting a Will in Arizona
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Contesting a Will in Arizona

Posted By Thies & Lihn, PLLC || 24-Feb-2016

Do you believe you have reason to dispute a deceased person’s will? You may bring the case to Court to contest the contents of the will. Arizona laws allow for several legal scenarios which may invalidate a will. If you believe that that the terms of a will are unsatisfactory, you may take legal action to intervene before the assets are distributed.

Requirements Under Arizona Law

Arizona law contains certain procedural requirements which a will must comply with in order to be considered valid.

Most individuals who wish to contest a will have a stake or interest in the assets, usually heirs or beneficiaries of the deceased person. If these heirs or beneficiaries were either partially named or not named at all in the will, they are called the “interested parties.”

What Are the Grounds for a Will Contest?

Interested parties may contest a will if there are legal errors or the will does not meet the requirements as prescribed by Arizona law. Namely, if the testator did not sign the will, it is not considered valid. Other reasons why a will may be invalid include “undue influence,” which means the executor was forced or coerced into signing the will or a lack of “testamentary capacity,” which calls into question whether or not the decedent had a full understanding of the terms of their will before signing it.

Seek Assistance with Probate—Call Us!

If you wish to contest the validity of a will, it is best to start the process as early as possible.

As Phoenix probate attorneys we can help you with your will contest. If you believe you have a valid will contest, we offer a free half hour consultation to get you started.

Categories: Probate, Thies & Lihn, PLLC

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