Legal Question in Wills and Trusts in Arizona

contesting a will

I would like to know what is the statute of limitations on contesting a will? Also i would like to know what are some of the grounds on which a will can be contested.


Asked on 1/28/98, 5:22 pm

1 Answer from Attorneys

Christina Kallas Law Offices of Christina Kallas

will contest grounds

In NY, there are several grounds for contesting the validity of a will. The statute calls for certain formal requirements of execution; if the will is improperly executed, you could contest its validity.

The testator must have capacity to make a will. This is a very fact intensive determination. Generally, the testator must know what assets s/he has, and who are the "natural objects of his bounty"; that is, the people an average person would leave his assets to, such as a spouse, children, or parents. The testator must be over 18.

The will must be in effect at the time of the testator's death; it is ineffective if the testator has revoked it. That, too, is a fact intensive inquiry.

The will must be executed voluntarily, without duress from someone, and reflect the testator's wishes, not those of a beneficary.

A surviving spouse cannot be completely disinherited, since s/he is entitled to support from the testator.

The testator may use an "in terrorem" clause, which says that anyone who contests the will forfeits the right to receive anything under the will. Under some circumstances, you could contest the validity of the will, and win, and receive nothing.

As you can see, there are many potential grounds for contesting a will. The statute of limitations for contesting the will depends upon your grounds for contesting. If you are alleging a fraud, the time for contesting the will depends upon the time that you discover the fraud.

Many of these issues are fact intensive. There is no substitute for sitting down with your own attorney, who can review the will and supporting documents, and understand all of the relevant facts clearly. Of course, since I don't know all of the relevant facts, and since you have not retained me to represent you, I cannot give you specific advice about your individual situation.

Good luck,

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Answered on 2/26/98, 9:23 am


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