In Arizona, only parties who have a legal interest in the execution of a will have legal grounds to contest a will.
By “interested parties,” the law is referring to those who stand to benefit from a will. At West, Longenbaugh and Zickerman P.L.L.C., our lawyers can review the situation surrounding the will and counsel you on the best course of action.
Whether you are an executor who needs help defending a will, or if you are in a position to challenge a will, our lawyers can help.
What Are Legal Grounds To Contest A Will?
Not being happy with the contents of a will is not sufficient reason for probate courts to toss out a will. Here are four examples of situations when a will can be contested:
- Testamentary capacity: In this scenario, the person challenging the will needs to prove that the testator (the person who made the will) did not understand the actions he or she was taking when creating the will. Common reasons for this can include: senility, dementia, insanity, or being under the influence of a substance.
- Fraud: If you can prove that a person who made the will in question through fraud, forgery, or undue influence (being forced to make it), the will can be overturned.
The presence of a competing will: In some situations, a competing will can trump the will that has been submitted for probate.
- Undue influence: This argument can be made if it’s believed the testator was being unfairly influenced by another person when writing provisions of the will.
Let Our Lawyers Help You
Our attorneys have decades of experience with contested probate. If you need help, we are here. Contact us online or call our office in Tucson, Arizona, at 520-790-7337.
Let's Begin Solving Your Legal Problem
At West, Longenbaugh, Spanier and Zickerman P.L.L.C, we are proud to serve people in Tucson and beyond. To speak with an attorney, call us at 520-790-7337
West. Longenbaugh, Spanier & Zickerman PLLC
310 S. Williams Boulevard,
Tucson, AZ 85711
Appointments by reservation made in advance
375 W. Sahuarita Center Way
Sahuarita, AZ 85629
Mon-Fri: 8:30am - 5pm