When a loved one passes away, the contents of their will can sometimes spark confusion or disputes among family members and beneficiaries. In Arizona, a will is presumed to be valid if it meets the state's legal requirements. However, there are situations where it may be appropriate—and legally justifiable—to contest a will. At the Law Office of J. Marc Montijo, we assist members of the Tucson community in navigating the legal process of will contests with clarity and care.

Common Legal Grounds to Contest a Will in Arizona

1. Lack of Testamentary Capacity

 A person must be of sound mind when creating a will. In Arizona, this means they must understand the nature of making a will, the extent of their property, and who their beneficiaries are. If the testator (the person who made the will) suffered from dementia, a mental illness, or another cognitive impairment at the time the will was signed, this may be grounds to challenge its validity.

2. Undue Influence

 A will may be contested if someone exerted excessive pressure on the testator, overpowering their free will and persuading them to distribute assets in a way they would not have otherwise. This often involves a caretaker, family member, or friend manipulating an elderly or vulnerable individual.

3. Fraud or Forgery

 If the will was signed under false pretenses, or if the testator was tricked into signing it, this may constitute fraud. Likewise, if the signature on the will was forged or pages were altered, a legal challenge may be appropriate.

4. Improper Execution

 Arizona law requires that a will be signed by the testator and witnessed by at least two people (unless it's a holographic will, which must be entirely in the testator’s handwriting). Failure to meet these formalities can render a will invalid.

5. Revocation by a Later Will or Destruction

 A newer will that revokes the old one will take precedence, provided it meets Arizona’s legal standards. Also, if there’s evidence the testator physically destroyed the will intending to revoke it, that can be grounds for contest.

How to Proceed with a Will Contest

To contest a will in Arizona, an interested party must file a formal petition with the probate court and provide evidence to support their claim. Timing is critical—there are strict deadlines for initiating a will contest. Working with a knowledgeable probate attorney can help ensure that your case is presented effectively and in accordance with Arizona law.

Get Help from a Tucson Will Contest Attorney

If you believe a will does not reflect your loved one’s true intentions or was created under questionable circumstances, you don’t have to face the probate process alone. At the Law Office of J. Marc Montijo, we help Tucson residents protect their rights and pursue fair outcomes when contesting a will.