Will Contests |
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Arizona law generally provides that (1) there is a presumption of testamentary capacity, and (2) the person attacking an instrument bears the burden of demonstrating incapacity. In the Estate of Green, the Arizona Supreme Court held that, “[t]he presumption is always that a person is sane, and the burden is always upon the contestants of the will to show affirmatively, and by a preponderance of the evidence, that the testatrix was of unsound mind at the time of execution of the will.” Thus, the party trying to attack or set-aside the Will generally bears the burden of presenting legally sufficient evidence of testamentary incapacity before the proponent (the party trying to enforce the Will) has any burden.
A Will, Trust or other transfer of property may be set-aside (canceled) when (a) there was testamentary incapacity; (b) undue influence; (c) a presumption of undue influence; or (d) misconduct involving a vulnerable or incapacitated adult.
Our Scottsdale, Arizona probate lawyers have extensive experience resolving virtually all types of will contest disputes and lawsuits, as well as other legal disputes over inheritances, probate and estates. Contact us today for more information if you have a will, trust, probate or other estate dispute.