Can a Will Be Challenged in Arizona
Testate is a term that means a person has died with a valid Last Will and Testament in place prior to their passing. When this occurs the terms of the Will, dictate the distribution of assets. A Last Will and testament is validated when a judge declares it to be valid after it is proven in court. It’s likely that you will have many questions when it comes to validating a Will. What happens if you believe that a Will is invalid? How do you shed light on this by bringing it to the attention of the court?
A Will Contest is when the Will is directly challenged in court. It is important to bear in mind that there are deadlines that you must adhere to when filing a Will contest as they are governed by the state and vary depending on where you live. An attorney who understands probate will be able to provide you with legal counsel if you are questioning the validity of a Will. Common reasons that a Will may be challenged include:
- The Will was not completed and signed with witnesses present as required by law
- At the time the Will was executed, the person who passed away wasn’t of sound mind
- The undue influence of someone was the result of how the will was obtained or drawn up
- The Will was created due to the fraudulent actions of another person.
One of the primary reasons behind contesting a Will is to determine who will be eligible to inherit assets from the loved one’s property. Anyone who has a claim on the estate of the person who passed away can be part of the will contest when it is disputed by parties and headed to trial.
A Will contest action cannot be filed by anyone. Determining whether or not the person looking to contest the will has the standing to do so, is the responsibility of probate court once they are made aware of a contested Will. The pursuit of a contested Will is reserved to families who would normally be heirs under intestate succession statutes if a dispute of the will is successful. You must stand to benefit from the Will if you are looking to file a Will contest action.
Contact at (480)947-4339 our Arizona estate planning attorneys for a free Arizona estate planning consultation.