What Voids a Will in Arizona? Common Mistakes to Avoid

Imagine your family discovering your will is invalid, leading to legal disputes and unintended inheritances.

In Arizona, a will can be voided if it fails to meet legal execution requirements if the testator lacked testamentary capacity or if it was created under undue influence, fraud, or duress. Improper alterations, forgery, or not updating after major life changes can also create issues that lead to litigation.

At the Law Office of David I. Karp, PLLC, we help Arizona families create enforceable estate plans. This article covers common pitfalls and how to ensure your will protects your loved ones as intended.

Invalid Execution

For a will to be valid in Arizona, it must meet specific legal requirements.

First, the will must be in writing—either typed or handwritten in the testator’s own handwriting (“holographic will”). Oral wills are not recognized.

The testator (the person creating the will) must sign the document at the end, indicating approval of its contents. Failing to sign or placing the signature incorrectly can invalidate the entire will.

Two competent witnesses are also required for a typed will. They must be at least 18 years old, mentally capable, and not beneficiaries or related to beneficiaries. Both witnesses must be present when the testator signs, and they must sign the will themselves, typically in each other’s presence.

Although notarization isn’t mandatory, it creates a “self-proving” will, allowing the court to accept it without needing witness testimony, which simplifies probate.

Improper changes after signing can void a will. Crossing out text, adding handwritten notes, removing staples, or making other unauthorized edits can lead to rejection in court.

If updates are needed, it’s best to use a codicil – an official amendment that follows the same legal requirements as the original will- or to execute an updated will.

Testator’s Lack of Capacity

To create a valid will in Arizona, the testator must be of “sound mind” at the time of signing.

They need to understand that they’re creating a document to distribute their property, know what they own, recognize their heirs, and make reasonable decisions about asset distribution. If these conditions aren’t met, the will can be challenged.

Minors (Under 18)

Generally, individuals under 18 can’t make a will in Arizona unless they are legally married.

Mental Incapacity

Conditions like dementia, Alzheimer’s, medication side effects, or substance abuse can impair capacity. If evidence shows the testator was mentally incapacitated during execution, the will may be invalidated.

Verifying mental clarity at the time of signing is crucial to ensure the will holds up in court and reflects the testator’s true wishes.

Undue Influence or Fraud

Undue influence occurs when someone manipulates a testator into making or changing a will against their true wishes. This often targets vulnerable individuals.

Common examples include a caregiver threatening to withdraw care, isolating the testator from loved ones, or using guilt to sway decisions.

On the other hand, fraud involves deception to influence a will. It can include lying about beneficiaries, forging signatures, or hiding an existing will to benefit oneself. Such actions undermine the testator’s true intentions.

Proving these claims can be challenging and requires clear evidence. Useful proof may include witness accounts of manipulation, medical records showing vulnerability, or sudden, unexplained changes in the will.

Courts look for convincing documentation that the testator’s decisions were compromised, making proper evidence essential to invalidate the will.

Common Mistakes to Avoid

Even well-meaning people make mistakes that jeopardize their wills. Here are a few missteps you’ll want to steer clear of:

Choosing the Wrong Personal Representative (Executor)

Your personal representative handles everything from paying debts to distributing assets. Choose someone who is:

●  Trustworthy

●  Responsible

●  Financially savvy

Family drama often arises when the wrong person is in charge.

Incorrect Property Titling

How your assets are titled can override your will. Examples include:

●  Joint Ownership: Property held jointly with the right of survivorship passes automatically to the co-owner.

●  Community Property: In Arizona, property acquired during marriage and titled with the right of survivorship passes to the surviving spouse.

●  Beneficiary Deeds: These allow property to pass directly to a named beneficiary.

Leaving Assets Directly to Minors

Minors can’t inherit outright. If you leave money or property directly to them, the court may appoint a conservator to manage it—possibly someone you wouldn’t choose. Setting up a trust can prevent this and let you control how and when minors receive their inheritance.

Neglecting Beneficiary Designations

Beneficiary forms on accounts like bank accounts, brokerage accounts, IRAs, life insurance, or 401(k)s take precedence over your will. If you haven’t updated them, your assets could end up with someone you no longer intend to benefit.

Not Updating Your Will

Life changes such as marriages, divorces, or births mean that your will should change, too. Otherwise, you risk:

Unintended Distributions

Without updates, you might accidentally leave assets to someone you didn’t plan to.

Ex-Spouses

Arizona law automatically revokes provisions for ex-spouses, but it’s still best to revise your will to avoid confusion.

Overlooking New Family Members

Did you have children or grandchildren after drafting your will? Without updates, they might be unintentionally excluded.

Protect Your Will’s Validity in Arizona with the Law Office of David I. Karp, PLLC

Your will should reflect your wishes and protect those you love—not create confusion or conflict.

At the Law Office of David I. Karp, PLLC, we work with Arizona families to craft estate plans that stand up to scrutiny and deliver peace of mind.

We know what it feels like to want the best for your family. That’s why our team is dedicated to helping you avoid the common mistakes that can derail your plans.

Ready to secure your estate plan? Call us today at 520-395-1551. Let’s ensure your legacy is honored, your loved ones are cared for, and no curveballs get in the way.