This is the next post in my series on estate planning for those in our state. My last article discussed why Phoenix, Arizona residents need an estate plan. It is important to understand that, without a proper plan in place, one’s assets may be distributed in a way that is inconsistent with their final wishes. An experienced attorney can help you with understanding all of the possibilities involved and creating a plan which fits your goals. In this article I will be addressing another important topic – the requirements for creating a valid will in our state. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Arizona allows any individual to create a will as long as they are at least eighteen years of age. The will generally must be in written form and it must be signed by the person making the will (the “testator”). The will must also be signed by two witnesses. It is important to note that the witnesses need not be present when the will is signed by the testator. If the testator tells the witnesses that he or she is the one who signed the will, and they then sign the document in the presence of the testator, this will be considered sufficient. It is typically prudent to ensure that the witnesses are not individuals who stand to inherit under the will. While using potential heirs as witnesses does not invalidate the document in our state, it does create a potential issue in the event that someone wishes to challenge the validity of the document.
Both the testator and the witnesses must be of “sound mind” at the time the will is made. By “sound mind” it is meant that the individuals must not be incompetent, or under the influence of foreign substances, at the time that the document is completed. It is important to note that someone will generally be considered to have not been of “sound mind” if they have been adjudicated incompetent or if a mental health professional has issued some type of diagnosis. Relatives simply believing that there was “something wrong” with the testator, at the time of the will’s making, will generally not be enough to challenge the document. If an individual was under the influence of sedatives in the hospital, or otherwise under the influence of drugs, at the time of the will’s making then the Court may be willing to find that they were not of sound mind at the time.
While not necessary for validity, it is important that a last will and testament adequately describe all property which is to be passed on so that the document clearly identifies the beneficiaries. Suppose, for example, that one leaves “their car” to “their nephew Joe” in the will and provides no other specifics. The facts show, however, that the deceased owned two cars and that they had two different nephews named Joe. For obvious reasons, this can lead to a dispute. Having an experienced attorney to assist with the creation of a will can prevent such issues from occurring.
If you are in need of assistance then contact my office today to speak with a Phoenix estate planning lawyer. I understand the sensitive nature of such matters and my office will make sure that you understand all of your options. I pride myself on providing a high level of service and my firm looks forward to working with you. Contact us online or by telephone today. My office also serves Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.