Do You Have a Legally Valid Will?
Putting together a will can be a daunting and complicated process. There are many requirements involved in creating a valid will, and the fear of doing something wrong can be paralyzing. After the death of the testator, a will may be challenged, which makes the process of writing a will and ensuring it is legally valid incredibly important. Contacting one of our expert lawyers at Harrison Law, PLLC at (480) 320-2310 might be able to alleviate some of the stress of putting together a will.
What Are the Requirements For a Legally Valid Will?
A will takes effect after the testator, or the person who writes the will, dies. This is often when wills are challenged. There are four different kinds of wills recognized by the state of Arizona, and each comes with its own set of criteria that must be met for the will to be legally valid. The four types of wills are non self-proved wills, self-proved wills, holographic wills, or electronic wills. Arizona Revised Statute 14-2502 details the requirements for each of these, as explained below. These requirements are used to authenticate the will and ensure the will has not been changed. They often require witness signatures or testimony.
Who Can Make a Will?
An individual may seek to create a will to ensure the protection and distribution of their assets and property after death. Arizona Revised Statute 14-2501 outlines the requirements for a potential testator, or someone seeking to create a will:
- The testator must be eighteen years or older.
- The testator must have testamentary intent, or the intent to create a document outlining the distribution of assets after death.
- The testator must have testamentary capacity, or a sound mind and the ability to understand the document’s purpose, ability to understand the assets discussed, and the ability to recognize the beneficiaries.
- The testator must not be under undue influence, or must not be exploited, taken advantage of, or under duress when writing the will.
What Are the Requirements for Non Self-Proving Wills?
A non self-proving will, or a witnessed will, is one that requires the signature of a witness in order to be valid. The will is signed by the testator or on behalf of the testator in their presence and with their direction. The will is also signed by at least two or more witnesses who were present at the will’s signing.
What Are the Requirements for Self-Proving Wills?
An example of a self-proving will is outlined in Arizona Revised Statute 14-2504. This will also requires the signature of the testator. The will does not require witness testimony to prove the will is genuine. The will does require affidavits from the witnesses and an officer who is authorized to certify and apply a seal to the document.
What Are the Requirements for Holographic Wills?
A holographic will refers to a will that is handwritten by the testator. The requirements for a holographic will can be found in Arizona Revised Statute 14-2503. These wills do not necessarily require a witness but do require a handwriting and signature match. Essentially, this means the will must be authenticated by proving the testator wrote it themself. Holographic wills are not accepted as valid wills in all states. Arizona has begun to accept them as valid wills, though they still come under much scrutiny and may require further authentication. If questions arise during the process, you can always contact one of our expert attorneys at Harrison Law, PLLC to help advise you in the process.
What Are the Requirements for Electronic Wills?
Electronic wills are created and maintained in electronic records, rather than on paper. The criteria for electronic wills can be found in Arizona Revised Statute 14-250. These wills also have many restrictions and have only recently, as of 2019, been accepted as valid wills. Arizona is one of only three states that accepts these as valid wills.
Electronic wills require the signature of the testator or on behalf of the testator in their presence and with their direction. Electronic wills also require two or more signatures: an individual who was present and an individual who signed after the creation of the will with knowledge of its creation and signing. These wills also have specific requirements for signatures. They require that the signatures are unique, verifiable, and controlled only by the individual who uses it. These wills also require that the signatures are linked to the document itself so that the will may not be changed without the signees’ knowledge and consent.
What if Your Will is Deemed Invalid?
If you fear your will might be deemed invalid, you may contact an attorney to help ensure your rights and assets are protected. If a will is deemed invalid, Arizona’s intestacy laws take effect. These laws determine how assets are distributed in the event an individual dies without a valid will. In these cases, the deceased’s assets and property may not be distributed as intended and may leave out intended beneficiaries.
If a will is deemed invalid, you may want to contact an attorney who can file a petition. You may then be able to contest the invalidated will in court and build a case on the contrary. Similarly, if you wish to contest a will in court, you may contact an attorney and file a petition. These proceedings may require documentation as well as other arguments to support your case.
Ensure You Have a Valid Will by Contacting an Expert Arizona Lawyer Today
Writing a will can be a complicated and confusing process. All the requirements and restrictions can be confusing, and failure to meet all the criteria can result in an invalid will after someone dies. During the process of creating a will, reviewing a will, contesting a will, or challenging a will, you may want to contact an expert on the topic. You can contact a lawyer at Harrison Law, PLLC at (480) 320-2310 to ensure your assets and property are protected today.
