Contested Wills in Buckeye

When a loved one dies with a will in Arizona, your family and other parties with interests in the estate will present it to the probate court to begin estate administration. But sometimes, interested parties may disagree over the validity or enforceability of the will and file legal objections. This is called a will contest. 

If you are embroiled in a dispute over a will in Buckeye, an experienced estate litigation attorney from Pennington Law, PLLC can guide you through the court process. Contact us today for a free case review. 

Common Reasons for Contesting a Will in Buckeye, Arizona

Family members and other parties interested in a decedent’s estate may contest a will to challenge its validity for various reasons. Parties may contest a will to change the person appointed as the personal representative (executor) of the estate or how the decedent’s estate gets distributed to beneficiaries. 

Some of the most common bases for a will contest include:

• Lack of testamentary capacity – A party may challenge the will by arguing that the testator (the person writing the will) lacked mental capacity when they executed it. A person lacks testamentary capacity when they cannot understand the extent and nature of their assets and the consequences of disposing of them via a will. 
• Undue influence – Many will contests occur when a potential executor or beneficiary alleges that other family members or interested parties have exerted undue influence on a testator while executing the will. This issue may arise when it appears someone used pressure, manipulation, or other tricks to encourage the testator to sign or alter a will for their benefit.  
• Fraud or forgery – A party may launch a will contest by alleging that the party presenting a will for probate has submitted a fraudulent or forged will. 
• Improper execution – Parties may challenge the validity of a will by showing that the testator failed to follow the required procedures to execute the will under Arizona law, such as by failing to sign the will without witnesses present.
• Multiple wills – Estate planning attorneys advise regular updates to a will, but changes need to be made carefully. If family members have different versions of a will, the most recent will invalidate prior ones. This can lead to problems if the testator changes designated beneficiaries, disinherits someone, or decides to allocate assets differently before their death but didn’t tell everyone.  
• Unclear legal language – The terms of a will need to be spelled out correctly so there are no questions about the allocation of assets. 

Will disputes can create additional strain on families in the midst of their grief. Seeking help from an experienced will contest attorney can help you understand the matters at issue and recommend ways to resolve the challenges and reduce your stress.

Arizona Laws for Will Contests

Under Arizona law, any party wishing to contest the probate of a will must file pleadings with the probate court to state the specific nature of their objections to probate. Furthermore, the law presumes that a self-proved will meets all the requirements for valid execution unless a party can present proof of fraud or forgery in the acknowledgment or affidavit. Only interested parties, such as descendants of the testator or beneficiaries named in the will presented for probate, may file a will contest. 

In most cases, parties who wish to file a will contest have between 30 and 90 days after the probate court initially issues a grant of probate. However, the court may allow will contests after 90 days when it needs additional time to process claims or handle other probate or estate administration disputes.

In a will contest, the objecting party has the burden of proof to establish a will’s invalidity. They must present clear and convincing evidence of why they believe the will is invalid, such as witness testimony, medical records, audio and video recordings, correspondence, or other written documents.

How to Contest a Will in Buckeye, AZ

If you seek to challenge a loved one’s will in Buckeye, the first step should include consulting a will contest lawyer about your legal options and the strength of your claim. An experienced attorney can draft a petition asserting the grounds for your objection.

Once your lawyer files the petition, the probate court will schedule a hearing to review the evidence and listen to witness testimony from both sides of the dispute. Depending on the complexity of the facts and evidence in a will contest, the court may schedule several days of hearings to hear all the evidence and testimony.

After the parties rest their respective cases, the court will take the matter under advisement and issue a judgment, either granting the will contest petition in whole or in part or denying it altogether. 

Preventing Will Contests

Testators can prevent the likelihood of will contests through careful estate planning. Critical tips for creating a will that can withstand a will contest include:

• Consult an estate planning lawyer – Your attorney can draft a will using precise language that adheres to Arizona laws. Drafting a valid will is especially crucial for people with large estates and assets, blended families, disabled children or dependents, or businesses that need careful succession plans. 
• Consider drafting a self-proving will – Self-proving wills in Arizona have a presumption of validity under state law. You can make a will self-proving if you sign and acknowledge it and your witnesses sign their affidavits before a notary or another officer authorized to administer oaths under state law. 
• Review your estate plan regularly – You should review and update your estate plan every couple of years or after significant life events, such as marriage, divorce, or the birth of children or grandchildren. A routine update will ensure your will continues to reflect your current wishes. 

Finally, having open and honest discussions with your family about your decisions and estate planning goals can help avoid situations where an heir feels unfairly treated or assumes that other family members unduly influenced your estate planning decisions. 

How Pennington Law, PLLC Can Help With Contested Will Cases

The legal team at Pennington Law, PLLC can help you pursue a favorable resolution to a will contest as efficiently as possible through our extensive experience in estate litigation and probate. Our law firm takes a personalized approach to every case. Our attorneys will take the time to sit down with you, understand your concerns, and develop a case strategy tailored to your goals. 

Let a Buckeye will contest lawyer from our office help you pursue a resolution that avoids additional strain and strife. Contact Pennington Law, PLLC today for a confidential consultation with a member of our legal team.