Contact Walk-In Wills today for help with will and trust creation, probate, long-term care planning, and other essential estate planning needs.

Contest A Will

Heirs may choose to contest a will if they feel there’s an issue with how it was created. That’s why it’s crucial to work with a skilled and capable law firm when estate planning, and Walk-In Wills offers our clients the benefit of more than two decades of experience.

Along with providing essential estate planning services, we can also help you develop a will that meets all important criteria. A solid will has a decreased chance of being challenged, which provides you and your loved ones with immense peace of mind.

Common Reasons Why Wills Are Contested

During the probate process, a person may elect to challenge a will. This can occur for a few reasons:

  • The testator lacked the mental capacity to make decisions
  • The will is invalid from a legal standpoint
  • The testator was coerced or pressured into creating or changing the will

For example, a person may claim that the estate holder experienced cognitive issues that prevented them from thinking reasonably. A person can also claim that undue influence played a role, meaning another party pressured the creator of the will to include certain terms.

Technical issues may also be cited when a will is being challenged. If a person does not have at least two witnesses present during the signing of the will, that will is considered invalid according to Arizona law.

How to Avoid Conflict Among Your Heirs

Most wills make it through the probate process without major conflict. However, certain steps during the drafting process can make it even less likely that your heirs will find fault with your estate plan:

  • Don’t Put Off Estate Planning – Creating an estate plan while you’re still young and in good health can head off concerns about your mental acuity. You can always update the will as your life changes to ensure it continues to meet your needs.
  • Communicate Your Wishes to Heirs – Once you’ve created a will, you may want to discuss the terms with your heirs. You don’t need to go into great detail but giving them an idea of your thought process shows you created the will carefully.
  • Draft a No-Contest Clause – A no-contest clause states that any person who challenges a will forfeits their share of the estate. While these clauses are enforceable in Arizona, there are exceptions if the heir can show they had probable cause.

You can also employ other estate planning tools to ensure a smooth process after you’re gone. Creating a trust gives you greater control over how assets are dispersed, which is beneficial when you have concerns about an heir.

For instance, you can include language when creating a trust that states a person may only receive their inheritance in increments instead of all at once. Revocable living trusts also allow you to include a no-contest clause, similar to a will.

Let’s Discuss Your Estate Planning Needs Today

When you need trusted guidance during the estate planning process, Walk-In Wills is here to help. Schedule a consultation in Chandler, AZ by calling (480) 470-7000 today.

Schedule a free consultation at our office today by calling (480) 470-7000. You can also contact us to learn more about our firm and what we can do for you.