Will Contests – An Overview for Arizona Residents

In Arizona, many people leave a Last Will and Testament to govern the disposition of their property after they die. Generally, for a will to be valid, it must be in writing, signed by the “testator” (the person making the will), and the testator must have sufficient mental capacity to make a will. The will must also express the testator’s “testamentary intent” (what he or she wants to happen to his or her property), and be signed by two witnesses. The testator must sign the will free from any “undue influence.” 

Arizona also recognizes “holographic,” or handwritten wills, as long as the signature and material provisions are in the testator’s handwriting. Holographic wills may be valid even if no witnesses sign it. 

Those wishing to challenge the validity of a will may do so on several theories:

1. The will fails to comply with Arizona’s requirements;

2. The will is forged;

3. The will is the product of undue influence from another;

4. The testator was a vulnerable adult and was the victim of financial exploitation by someone in a position of trust; or

5. The testator lacked sufficient mental capacity to sign a will. 

Each of these theories carries unique legal and factual considerations. In addition, if a questionable will has been filed and probate has been initiated, those wishing to contest its validity may have a short window to do so. 

Contact Cody Huffaker at Copper Canyon Law

Cody Huffaker is a founding member of Copper Canyon Law. Cody’s practice focuses on trust and estate litigation, business litigation and dispute resolution and construction litigation. Cody has significant experience in will contest litigation, both defending and contesting the validity of wills. 

If you have a legal need related to challenging or upholding a will, reach out to Copper Canyon Law today. Give us a call at 480-833-3838 or email us at reception@coppercanyonlaw.com.