If you\u2019ve been chosen to be the executor<\/a> of someone\u2019s estate, how can you determine whether their will is valid? The court makes the ultimate decision on whether or not a will is legally sound. But it helps to know what\u2019s required for validity, so you know what to plan for as an executor.<\/p>\n It\u2019s also important to know what could invalidate this essential document to protect your own estate planning interests.<\/p>\n Requirements for a legally sound will include the manner in which the will was prepared and signed, among other factors. Some people choose to challenge a will in court because they doubt that its creator had the mental capacity necessary to make a valid document.<\/p>\n We\u2019ll go over which factors to consider when ensuring that a will is correctly created.<\/p>\n Creating a will is of vital importance, as it\u2019s your chance to give back to your loved ones and prevent extra hassle for them after you die.\u00a0<\/span><\/p>\n To create a will, you must be of legal age (18 in most states, including Arizona) and enter into the agreement voluntarily. If you were coerced<\/a> into it, it\u2019s not technically a legally valid form. Here are some other factors that are required for a will to be valid:\u00a0<\/span><\/p>\n You must have \u201ctestament capacity<\/a>\u201d to make a legally sound will. This means that you know that you\u2019re making one and understand that you\u2019re disposing of your assets and property.<\/p>\n The terms of the will must be handwritten or typed out. Your will might only span a single sheet of paper or require multiple, depending on the size and complexity of the estate.<\/p>\n Your will must dispose of your property by listing assets and distributing them to your family and friends.<\/p>\n Your will must be signed and dated in the presence of two witnesses, who also need to provide their signatures. The individuals must be \u201cgenerally competent\u201d (which applies to most people of sound mind who are at least 18 years old) to serve in this position.<\/p>\n The witnesses must be \u201cdisinterested,\u201d meaning they won\u2019t benefit from the terms of the will. Arizona law won\u2019t invalidate your will if a beneficiary or other interested party serves in this role, but it\u2019s still best to find impartial witnesses.<\/p>\n This is just a general overview of the requirements for will validity. Depending on your unique circumstance, there are some other formalities you may need to create a valid will.<\/p>\n It\u2019s important to know which pitfalls to avoid when you\u2019re creating your will. Here are some common reasons your will may be invalid:<\/p>\n When someone creates a new will, it makes their previous will invalid. The most recent will created always has the final say on how that person\u2019s assets are handled.<\/p>\n If your will was created fraudulently, or under coercion or undue influence, the court will invalidate it. If you\u2019re presented with a will to sign as if it\u2019s an ordinary contract, it will qualify as fraudulently obtained and won\u2019t be honored.<\/p>\n Arizona law states that a will must be witnessed by two people to be valid. If these conditions aren\u2019t met, the will won\u2019t count in court.<\/p>\n A legally valid will allows you not only to distribute your estate after death but gives you a chance to designate a guardian for your minor children and make a positive impact on your loved ones\u2019 lives. While state law doesn\u2019t require that a lawyer assists in will preparation, it can help to double check the document\u2019s validity if you have any doubts.<\/p>\n Here are a few of the most common questions people ask about wills:<\/p>\n If you die without a will<\/a> or a similar legal distribution device, Arizona law will determine inheritance rights for your assets. Usually, the deceased person\u2019s spouse or children will be first in line to receive the assets in the estate, followed by parents, siblings, or grandparents. If you don\u2019t have any relatives who qualify according to laws on the matter, the property will go to the state.\u00a0<\/span><\/p>\n Your will should designate a personal guardian who will take care of your children if the surviving parent can\u2019t care for them or both parents have passed on. They will have guardianship until your children turn 18.<\/p>\n You can change it by making a new one or making an addition. If you need to make substantial changes, it\u2019s often easier to start over. To revoke your will, you must include a statement in the new document revoking your previous wills. If you just need to remove a beneficiary, change the name of the executor, or add a new provision, making a simple change (known as a codicil<\/a>) to your existing will makes more sense.<\/p>\n Creating an estate plan can be a complicated process, especially when you have a large estate or many family members to account for. While the information here serves as a general guide, an estate planning attorney<\/a> can give you answers to more specific questions. They can help you create a will<\/a>, make amendments, or ensure that it\u2019s legally valid.<\/p>\nWhat to Consider About Will Validity<\/h2>\n
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Required Factors for Validity<\/h3>\n
Testament Capacity<\/h3>\n
It Must Be in Writing<\/h3>\n
Property Distribution<\/h3>\n
Will Must Be Signed and Dated With Witnesses<\/h3>\n
What Factors Make a Will Invalid?<\/h2>\n
It\u2019s Been Replaced By a More Recent Will<\/h3>\n
Fraud or Undue Influence<\/h3>\n
It Was Improperly Executed<\/h3>\n
How Working With an Attorney Can Help<\/h2>\n
Frequently Asked Questions About Wills<\/h2>\n
Q: What happens if I don\u2019t create a will before I die?\u00a0<\/span><\/h3>\n
Q: How do I ensure my minor children are cared for after I pass on?<\/h3>\n
Q: How do I make changes to my will?\u00a0<\/span><\/h3>\n
What to Do if You Need Help With a Will in Arizona<\/h2>\n