Tucson Will Contest Attorney

Skilled Litigation in Complex Will Disputes

Dealing with the death of a loved one is challenging enough without having to face legal issues related to the will. Factors such as undue influence, lack of legal capacity, or fraud may have played a role in how the deceased wrote their will, prompting beneficiaries to question its validity.

If you have valid grounds for contesting a will, your first step is to seek legal representation from a qualified attorney. Doug Newborn Law Firm, PLLC, is a Tucson, AZ law firm that is dedicated to helping clients resolve their legal issues so they can resume their lives. If you have questions about probate or how you can contest a will, contact our law firm today to schedule a free initial consultation with our experienced estate planning attorney.

What are the Legal Grounds for Contesting a Will in Arizona?

If you want to challenge a will in Arizona, you must have legal grounds to do so. Although many individuals believe that a will contest focuses solely on the testator, the person who wrote the will, some grounds pertain to procedural defects.

The primary grounds for contesting a will include:

Undue Influence: Accusations that someone coerced, pressured, or manipulated the testator into making changes against their free will that did not accurately reflect their wishes.
Lack of Testamentary Capacity: The testator was not of “sound mind” and did not understand the nature of the document, the extent of their property, or the “natural objects of their bounty” (typically close family members) at the time of signing.
Fraud or Duress: The testator was deceived into signing the will or forced to sign it through threats or physical intimidation.
Forgery: Accusations that the testator’s signature was forged or that the document is fraudulent.
Improper Execution: A claim that the will does not comply with Arizona law, such as the testator did not sign the will, there were not enough witnesses present, or improper notarization.
Revocation: A new version of the will exists that would invalidate the old one.
Mistake or Ambiguity: The will was created under a mistake of fact (the testator drafted a will based on a false belief) or the will contains unclear language that is open to more than one interpretation.

Who Has a Legal Standing to Contest a Will?

To challenge a will, you must fall into the legal category of “interested persons.” Interested persons in a will contest are those who would be personally affected by the outcome. Individuals who have legal standing to contest a will include:

Beneficiaries named in a prior will who are now excluded or received less in the newer will.
Current beneficiaries named in the will who are contesting the document on legal grounds, such as the decedent was not of sound mind or unduly influenced.
Heirs-at-Law, or who stand a chance to inherit if the case falls under the state’s intestacy laws, if the will were declared invalid. Potential heirs typically include a spouse, children, or parents.
Fiduciaries such as the personal representative (the executor) or trustee who oversee estate administration.
Creditors to whom the decedent owed money.

How Do I File a Will Contest Claim?

If you want to file a will contest claim, you must qualify as an interested party and act quickly, as there are strict time limits to file a claim. If you meet the qualifications, you must then file a formal petition with the superior court in the county where the probate case has been filed. You must also have legal grounds, such as a lack of capacity or undue influence.

File a Formal Petition: A formal petition must be filed within 12 months from the date the will is admitted to probate court.
Notify all Interested Parties: A formal notice must be provided to all interested parties, including the personal representative overseeing the estate, beneficiaries, and creditors.
Gather Evidence and Attend Hearings: You will need to collect supporting documentation and evidence, such as witness testimony or medical records, that invalidate the will’s contents.

The legal process involved with filing a will contest can be confusing and is best handled with the help of a qualified lawyer. A lawyer can assess the case, ensure you meet the strict legal requirements, and help gather clear evidence that supports your claim.

What is a “No-Contest” Clause?

Some Arizona wills contain a “no-contest” clause (or in terrorem clause), which is a legal provision that many testators use to discourage beneficiaries from challenging a will. The no-contest clause stipulates that those who challenge the validity of a will and lose may be disinherited.

Although no-contest clauses may be written into wills, Arizona courts generally may disregard them if the individual bringing the legal challenge has sufficient evidence to do so, even if the individual loses the case. Nevertheless, the court must find that the beneficiary acted in good faith and not with the intention of disrupting probate court proceedings.

You should also be aware that court costs can reduce the value of the financial resources left by the testator, as they are usually paid directly from the estate assets. A knowledgeable lawyer can assess your case and determine whether probable cause exists for you to pursue legal action.

Contact Doug Newborn Law Firm, PLLC, today to Get Started on Your Legal Needs

Doug Newborn Law Firm, PLLC, recognizes that deciding to challenge a will can be an emotionally overwhelming decision, especially if it places you in opposition with other family members. Even so, if your case meets the specific legal requirements needed to contest a will, your first step should be to seek qualified legal representation.

Our attorney has extensive experience handling contested wills and estate disputes, as well as the complex legal process involved. When you come to us for assistance, we can determine if it is a valid will or if you should pursue your legal options.

Contact our Tucson, AZ law office today at 520-355-1161 to schedule a free consultation to learn about our legal services.