What Happens When Estranged Relatives Dispute a Will?

When an estranged relative contests a will in Arizona, the probate court must determine whether the will is legally valid. If the court upholds the will, the deceased’s property and assets are distributed according to its terms. However, if the will is found to be invalid, the estate is typically distributed under the state’s intestate succession laws.

The period after a family member’s death is delicate, and no one wants a prolonged legal battle. If you’re involved in a will dispute in Arizona, consulting an experienced probate attorney can help you understand your legal options.

Understanding Will Contests in Arizona

Generally, anyone who may have a stake in an estate can contest a will. This includes estranged relatives named in the current or previous will, as well as those who would have inherited under Arizona’s intestate laws. However, the person disputing the will must have a valid reason.

Legal grounds for a will dispute in Arizona include:

• The will-maker lacked capacity – The person challenging the will may believe the deceased lacked mental capacity when they created the will. Incapacity may result from dementia, insanity, intoxication, or physical incapacitation.

• The will was manipulated – Claims of this type allege that someone forged the will or it was fraudulently created.

• Undue influence – Undue influence claims argue that someone pressured, coerced, or threatened the will’s creator.
• The will was not properly executed – This type of claim argues that a will is invalid because it was not properly dated, signed, witnessed, or notarized.

Preventing Disputes with Estranged Relatives

The best way to prevent inheritance disputes with estranged relatives is to be proactive. Ensure you clearly articulate your wishes to anyone who could legally stand to inherit, including estranged family members, and take the necessary steps to make your will legally binding. You can also address disinheritance directly in the will and/or include a no-contest clause.

You may also consider placing your assets in a trust. Trusts avoid probate and designate a trustee who will ensure your estate and assets go to the beneficiaries named in the trust.

Addressing Existing Disputes

If you face an existing will dispute, you can attempt to resolve the issue through negotiations, mediation, arbitration, or probate litigation. You will need to prove the validity of the will using evidence, which may include financial statements, medical records, communication records, and any other documentation that supports your claim.

It can be helpful to engage the services of a probate and estate administration attorney to guide you through contentious family disputes. An attorney can explain your rights, gather proof to support your case, draft and file legal documents, and represent you in probate court or during other dispute resolution methods.

Consult an Arizona Estate Planning Lawyer Today

If an estranged relative is disputing a loved one’s will, an estate planning lawyer from Pennington Law, PLLC can help you develop a strategy to address the matter efficiently and minimize stress. Contact us online or call today for a free consultation about our services. You can also check out our client reviews to hear what others say about working with us. We look forward to hearing from you.