Losing a loved one is always a difficult experience. However, adding a dispute over their final wishes into the mix adds further stress and turmoil to an already trying and emotional time. Will contests, also known as a will challenge, occur when someone objects to the validity of a deceased person’s will, especially the appointment of the personal representative of the estate. Disputes may arise for various reasons; and navigating the legal complexities, complicated with emotions involved, is often debilitating.
If you are facing a challenge like this, whether you live in outer Arizona or a nearby state, you need the guidance of a Phoenix contested wills lawyer to help protect your rights and interests. Dayes Law Firm has local wills attorneys to help you challenge a will, or defend against a challenge.
Grounds for Contesting a Will
Arizona law outlines multiple grounds on which a last will and testament may be contested. Some of the most common reasons for contesting a will include:
- Lack of Testamentary Capacity: The person who made the will must have been of sound mind and understood the nature and extent of their property when they created the will. Any evidence of the lack of mental capacity to make a valid will can open it up to be challenged.
- Undue Influence: If someone exerted undue pressure or influence over a person making a will, especially coercing them into making a will that doesn’t reflect their true wishes, the will should be contested.
- Fraud: Similar to undue influence, yet more egregious, if the will was created or signed under false pretenses or through deceptive means, it may be challenged on the grounds of fraud.
- Forgery: A signature on the will that is not genuine, or the will itself is a forgery, that will should be contested.
Arizona law also requires specific formalities for executing a will to be followed. Formalities such as the presence of witnesses, if not followed, open the will up to being challenged. Our Phoenix attorneys are available to help if a will is set to be contested for any of these reasons.
Who Can Contest a Will?
Not everyone can contest a will. Based on the legal concept of “standing,” only “interested parties” may challenge a will in court. Interested parties include individuals who would have a financial or personal interest in the estate and stand to benefit if the will were invalidated. Those considered to have legal standing include individuals named in the will to receive a portion of the estate (beneficiaries), individuals who would inherit from the estate under Arizona’s intestacy laws if there were no valid will (heirs), and even individuals or entities to whom the deceased owed money (creditors).
The Will Contest Process in Phoenix
Phoenix lawyers who handle wills disputes can provide legal assistance with the following crucial steps:
- Filing a Petition: The person contesting the will files a petition with the court. This petition will have to clearly state the grounds for the challenge to the will.
- Discovery: Discovery is the process wherein the parties gather evidence. This process may involve depositions, interrogatories, and requests for documents.
- Trial: A judge or jury will hear evidence and make a decision on the validity of the will.
Often, courts will require the parties to attempt mediation or settlement talks to resolve the dispute outside of court, prior to proceeding to trial.
How Dayes Law Firm Can Help
Will contests are often complex and generally highly emotionally charged legal battles. An experienced Phoenix lawyer can provide invaluable assistance with contested wills, including evaluating the validity of the will through a careful examination of the circumstances surrounding its creation. As part of the evaluation process, experienced attorneys help gather necessary evidence to support a claim, such as medical records, witness testimony, and financial documents. Based on the analysis, we will advise on either negotiating with the other parties involved to reach a fair settlement or advocating your interests in court.
Protect Your Rights and Interests With a Phoenix Contested Wills Attorney
If you are currently involved in a battle over a disputed will, or would like to understand your options if you’re expecting a will contest in the future, you should seek out guidance from an experienced attorney. Our Phoenix contested wills lawyers will help you understand the situation, navigate the legal complexities, and protect your interests throughout the process. Contact us today to discuss your case and seek the legal support you need.
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