CONTESTING A WILL

Contesting a Last Will & Testament in Arizona is possible, for a number of different reasons. The Testator (person who made the Will) may have been legally incompetent, may have been the victim of Elder Abuse, may have been subjected to undue influence or duress, or the Will may be invalid for a number of other reasons. There are a number of Arizona statutes that relate to a Will contest, some of which are found in the probate statutes and some of which are found elsewhere in the Arizona Revised Statutes.

Someone who is considering whether to contest a Will should act as soon as possible. There are a number of different things that can be done, depending upon the relationship between the Testator and the person who wants to contest the Will, and depending upon when the person acts. There is an advantage to acting as soon as possible.

An analysis of whether a Will contest is appropriate, and whether it has any reasonable prospect of success, depends upon good factual data. To begin the analysis, start by collecting the following information:

1.   Date of death of the Testator;

2.   Relationship of Testator to person who wants to contest the Will;

3.   Why you think there is reason to contest the Will;

4.   What you hope to gain if you are successful;

5.   The identity of all persons who have information that would support your effort;

6.   The description of all documents that support your effort.

For probate assistance in Arizona, call us at 928/445-3230 or click here to contact us.