This is a multi-state form covering the subject matter of the title.
Arizona Complaint to Contest Will
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FAQ
If you contest a will, you will be required to prove it invalid. There is a statute of limitations in Arizona. This means that the will must be contested within four years of the testator's death.
An example of an in terrorem clause might read as follows: ?If any person shall at any time commence a proceedings to have this Will set aside or declared invalid or to contest any part or all of the provisions included in this Will they shall forfeit any interest in my estate.?
What Is a No Contest Clause? A no contest clause is a provision in an estate planning document such as a will or trust that states if a beneficiary chooses to challenge the terms of the document, that beneficiary will forfeit any gift or bequest under the document.
There is an important provision in Arizona law that says that a no contest clause is not enforceable if the challenger had probable cause to contest the validity of the trust or the will.
No contest clauses are provisions that can be included in a will or a trust that basically say, and they can be customized to fit any situation, but typically they say that if a beneficiary contests or challenges the validity of the will or the trust, than whatever they would otherwise receive under the will or trust ...
If your will was created fraudulently, or under coercion or undue influence, the court will invalidate it. If you're presented with a will to sign as if it's an ordinary contract, it will qualify as fraudulently obtained and won't be honored.
Grounds for a Will Contest or Challenge the will did not comply with Arizona law; the person lacked testamentary capacity; the person was subject to undue influence; there was misconduct involving a vulnerable or incapacitated adult; statutory disqualification of a beneficiary; or. the will was forged.
