Contested Wills in Surprise, Arizona
In Surprise, Arizona, there is a procedure through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."
A will is usually contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, especially if the testator's motives are not clear. They will typically assume that the will must be a forgery, or a result of fraud or force.
If a large amount of money or property is being given away, the person left out of the will could reasonably conclude that the cost and time of a court challenge is worth it.
As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.
When Can a Will be Contested in Surprise, Arizona?
There are several reasons that a Surprise, Arizona court might hold a will to be invalid.
For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.
Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.
So, you've succeeded in contesting the validity of a Surprise, Arizona will. What happens to the property that was going to be distributed according to its terms? Generally, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Therefore, the old will can be given effect.
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Can a Surprise, Arizona Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a good Surprise, Arizona attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.
Contested Will Attorneys in the Largest AZ Cities
Life in SurpriseSurprise is located in Maricopa County, Arizona. Its population is one of the fastest-growing in the state- it went from 30,000 in the year 2000 up to 90,000 by the year 2007. The city was founded in 1938 and was named after Surprise, Nebraska.
Surprise is a popular destination for those seeking residential opportunities, in particular retirement homes. In fact, much of the city's population growth can be attributed to Sun City Grand, which is a resort-like, age-restricted residential community. The community is a large contributor to Surprise's population and economy.
Warm weather and modern sports facilities make Surprise an ideal location for those who love sports. For example, the city maintains an outstanding Recreation Campus. The Campus houses the Surprise Tennis and Racket Complex (STRC), which has received several awards. STRC is often the site for important professional matches.
If you have a legal claim, lawyers in Surprise, Arizona will usually file the claim at the Surprise Municipal Court. The municipal court hears civil matters as well as criminal misdemeanor cases. Surprise lawyers can provide you with advice or representation on a variety of legal issues.