How to Contest a Will in Mesa

In Arizona, certain requirements must be met to ensure a will is valid and legally binding. For instance, the person creating the will must be at least 18 years old and must be of sound mind. The person must also create the document free from the influence of others and must sign the will in front of two or more witnesses.

In some cases, family members may contest a will due to concerns about its validity and legality. When this occurs, the process can be quite time-consuming and fraught with conflict.

Our estate planning attorneys at Walk-In Wills help clients in Mesa, AZ and surrounding areas protect their assets and loved ones after they’re gone. We can also help you structure your will in such a way that the risk of it being contested by your family is reduced.

Common Reasons for Contesting a Will

Heirs may choose to contest a will for many distinct reasons, including:

Insufficient mental faculties
Undue influence by another person
Outdated documents
Problematic will legitimacy

If the family of the deceased believes any of the above factors played a role in will creation, they may choose to pursue probate litigation.

Frequently Asked Questions

1. What does it mean to contest a will and how can Walk-In Wills assist?

Contesting a will means formally challenging whether the document truly reflects the deceased person’s intentions or meets legal standards. Some people raise concerns if they suspect issues like undue influence, lack of capacity, or missing legal requirements. Walk-In Wills can review your situation, explain your options, and provide guidance on whether a challenge makes sense and how to proceed.

2. Who is allowed to challenge a will in Arizona, and what kind of evidence might be needed?

In Arizona, only interested parties — such as heirs named in the will or those who would inherit under state law if the will were invalid — generally have standing to challenge it. Evidence might include questions about how the will was signed, the mental capacity of the person who made it, or whether someone exerted improper influence. Walk-In Wills can help you understand what counts as a valid concern and assist with gathering supporting documentation.

3. Can Walk-In Wills help make a will less likely to be contested later?

Yes. One way to reduce the chances of disputes is by having a well-drafted will that follows Arizona legal formalities and clearly reflects your wishes. Attorneys at Walk-In Wills can help you draft or review your will, advise on things like clear wording and possible no-contest provisions, and explain how to communicate your intentions to family members so there’s less room for misunderstanding later.

4. How much does it cost to contest a will in Mesa, and does Walk-In Wills offer consultations?

The cost of contesting a will varies depending on the complexity of the case and whether it goes to court. Walk-In Wills offers consultations to review your situation and explain potential costs upfront. During your initial meeting, their attorneys discuss what to expect financially so you can make an informed decision about moving forward.

5. How do I hire a will contest attorney near me in Mesa?

To hire a will contest attorney in Mesa, you can contact Walk-In Wills directly to schedule a consultation. Their team will review your concerns, explain your legal options under Arizona law, and guide you through the next steps if you decide to move forward with a challenge.

How to Keep Your Heirs Happy

It’s not always possible to avoid a contested will, but taking certain steps can be greatly beneficial:

Use a No Contest Clause – No contest clauses state that any person who challenges the will loses their share of assets.

Undergo a Physical Examination – A physical exam by a doctor can show that you’re of sound mind, which proves that you created the will in the right mental state.

Explain Decisions to Your Loved Ones – Your family members may also come to a greater understanding if you explain your thought processes during will creation.

Professional legal assistance is also crucial when creating a will, and Walk-In Wills offers our clients the benefit of over 20 years of experience. Along with will creation, we also help with trusts, powers of attorney, and more.