A will is meant to reflect someone’s final wishes. But what do you do if the document tells a story that doesn’t add up? The will might benefit a new acquaintance, leave out family you expected to see included, or was signed under questionable conditions. You might start to wonder, Can you contest a will? Can you fight for what is right?
Yes. Arizona law does provide options under certain situations. Learning about these options and how to contest a will can help you make informed decisions and preserve your rights. Let’s dig deeper into the topic.
What Is a Will?
A will is a legal document that explains how a person wants their property and assets distributed after death. To be valid in Arizona, a will must follow specific legal requirements. The person creating it must be at least 18 years old, be of sound mind, and sign the document in the presence of the required witnesses.
What Does It Mean to Contest a Will?
Contesting a will in Arizona means asking the probate court to determine whether the document is legally valid. This process also helps to confirm that the will reflects the person’s wishes.
If the court rules the will is invalid, it is set aside. The distribution of property will then take place under an earlier will or under Arizona’s inheritance laws.
Who Can Contest a Will?
Not everyone can challenge a will. You must have legal standing or a direct interest in the outcome. Individuals with legal standing typically include:
- Beneficiaries named in the will,
- Heirs who would inherit if the will is set aside, and
- Fiduciaries such as trustees or personal representatives with legal duties.
The court can dismiss your petition if you do not fall into one of these groups.
On What Grounds Can a Will Be Contested?
Not every concern about a will is enough to overturn it. Some common reasons for contesting a will include:
- Lack of capacity—the person signing the will did not have the mental ability to understand the will’s nature, their assets, or the distribution of their property at the time of signing;
- Undue influence—the will was the result of pressure, manipulation, or control by someone benefiting from its terms;
- Fraud or forgery—the will was faked, altered, or signed under false pretenses;
- Improper execution—the will was not signed or witnessed in the manner required by Arizona law; or
- Conflicting wills—two or more documents exist, and it is unclear which represents the true final wishes.
These legal grounds aim to protect families from unfair or unlawful outcomes.
Contesting a Will in Arizona: What Is the Process?
If you suspect one of these issues and want to contest the will, you can:
- Confirm your eligibility. Only heirs, beneficiaries, or other interested parties have the legal right to contest a will.
- Review the deadlines. Arizona law sets strict time limits, often tied to when probate begins, so you must act quickly.
- Consult a will contest lawyer. An attorney can explain your options, the strength of your case, and the next steps.
- Gather supporting evidence. Collect documents, medical records, and witness information that may show problems with the will.
- File a petition in probate court. This legal filing explains why you believe the will is invalid.
- Provide notice to others. Beneficiaries, heirs, and the personal representative must receive formal notification of your challenge.
- Attend hearings. The court will review evidence, listen to testimony, and decide whether the will is valid.
Following these steps can help protect your rights and ensure your loved one’s true wishes are respected.
Why You Need Legal Guidance When Contesting a Will
Although it may seem like simply pointing out problems with a will should be enough, the reality is more complicated. Will contests involve strict deadlines and detailed probate rules. You also need to present convincing evidence in court. Emotions often run high, and family disagreements can make the process even harder to manage.
A will contest lawyer can help you evaluate whether you have strong legal grounds, gather the proper documentation, and present your case. With professional guidance, you understand your options and avoid costly mistakes that could weaken your claim.
Why Choose Theut Scaringelli & Kupiszewski
Still asking yourself, Can you contest a will? If so, the best step is to speak with an attorney who understands the law and the personal weight of these disputes.
At Theut Scaringelli & Kupiszewski, we bring decades of probate experience and a commitment to supporting families through difficult transitions. Our team understands that a will contest is never just about money. It is about honoring your loved one’s wishes and protecting your family’s future. For decades, our attorneys have focused exclusively on probate, trust, and guardianship matters.
We have successfully guided clients through complex will disputes, from modest estates to high-value trusts. Our approach is solution-focused. We take time to understand family history, identify legal strategies, and work toward resolution with care and precision. Because we practice daily in Arizona probate courts, we know the judges, procedures, and statutes that will shape your case.
Contact us today to learn how we can help you protect your loved one’s legacy and fight for what you deserve.
