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Mesa Probate Lawyers Who Can Win Will and Trust Contests

Our attorneys will advocate for your best interests

In Arizona, Wills and Trusts are often contested for a wide range of different reasons, and if your family is in this situation, you need help from an experienced Mesa probate lawyer at Brown & Jensen.

Our Mesa probate attorneys know how to manage crisis situations with integrity and determination. Attorneys Scott T. Jensen and Shad M. Brown understand Arizona's complex probate laws and know how to apply them to difficult Will and Trust contests. Protect your interests with the help of our Mesa law firm. Contact us today for a free consultation.

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Grounds to contest Wills and Trusts in Arizona

Under Arizona law, certain legal grounds must be established in order to successfully contest a Last Will and Testament or other estate planning documents. These legal grounds include:

  • Lack of Capacity: The person who created the Will (called a "testator") may not have had the mental competency to create the document. This is usually established through a medical diagnosis, such as senility, Alzheimer's, or dementia.
  • Undue Influence: The testator may have been compelled or coerced by someone else while creating or altering the Will or Trust. Often, the undue influence enters late in the process and upsets a well-established estate plan.
  • Lack of Approval: The testator may not have known that the document he or she was creating was intended to serve as a Last Will and Testament.
  • Lack of Formalities: In Arizona, a Will or Trust needs to be signed by the testator, as well as witnessed and signed by two unrelated parties. If there is evidence that the document was not properly drafted, signed or witnessed - for example, because one of the signatures was invalid - that could be grounds to take legal action.
  • Fraud and Forgery: A Last Will and Testament may have been written or altered by someone other than the testator, or a signature may have been forged. Such claims, if proven, are clear grounds to contest the Will.
  • Breach of Fiduciary Duty: Someone who serves as a personal representative or trustee has a high fiduciary duty to the beneficiaries of the estate or trust. When a trustee or personal representative breaches that duty, there may be grounds for legal action.
  • Professional Negligence: Errors made by the attorney who drafted the Will, whether due to incompetence or simple clerical errors, can be grounds to contest the Will.

Simply believing that something is wrong with a Will - or disagreeing with what it says - is not enough. You need specific legal grounds to take action, and you need an experienced probate attorney from our Mesa law firm on your side to investigate and find that information.

Contact a Mesa probate lawyer for help during this critical time

Whether you need to take legal action to contest a Will or respond to action taken by someone else, our Mesa law firm is ready to provide the legal counsel you need. Our Mesa probate attorneys have the experience and resources to handle complex cases, and we're ready to assist. Contact us today for a free consultation.

MESA
3850 E Baseline Rd, Suite 112
Mesa, AZ 85206
(480) 447-7107
TUCSON
7473 E. Tanque Verde Road
Suite 100
Tucson, AZ 85715
(520) 433-4510
SCOTTSDALE
9375 E. Shea Blvd.
Suite 214
Scottsdale, AZ 85260
(480) 712-5914
CHANDLER
3115 S. Price Road, Suite 114
Chandler, AZ 85248
(480) 463-4452
GOODYEAR
14441 W. McDowell Road
B102 Suite E
Goodyear, AZ 85395
(623) 232-0939
PEORIA
14050 N. 83rd Avenue
Suite 290H
Peoria, AZ 85381
(623) 900-1823
SHOW LOW
40 N. White Mountain Road
Suite A
Show Low, AZ 85901
(928) 487-4737
PAYSON
630 E. Highway 260
Suite B
Payson, AZ 85541
(928) 478-8833