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A.R.S. § 14-2512

How Outside Events Shape Your Will

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona allows a will to distribute property based on events or actions that have meaning beyond the will itself. For example, your will can leave the contents of your safe deposit box to a specific person, even though the contents may change over time.

Title 14, INTESTATE SUCCESSION AND WILLS

azleg.gov

What "Independent Significance" Actually Means

This statute addresses a practical reality of wills: life changes between the day you sign and the day the will takes effect. Rather than requiring you to rewrite your will every time your circumstances shift, Arizona law recognizes that certain outside acts can fill in the details.

A will may dispose of property by reference to acts, such as the execution or revocation of another person's will, that have significance apart from their effect on the dispositions made by the will whether they occur before or after the execution of the will or before or after the testator's death.

A.R.S. § 14-2512

The key phrase is "significance apart from their effect on the dispositions made by the will." The doctrine of acts of independent significance requires that an act has a real-world purpose beyond just controlling who gets what. Changing the contents of your safe deposit box, hiring a new employee, or moving to a different house all qualify.

Common Examples in Practice

This doctrine comes up more often than most people realize. A will that says "I leave the contents of my home to my spouse" works because furnishing a home has significance beyond the will. This applies to a general type of property, not just specific items.

The same applies to "I leave my car to my daughter," even if you trade vehicles several times after signing the will. This also works for a class of beneficiaries. A will that says "I leave $5,000 to each person employed by my business at my death" is valid because hiring and firing employees are acts with their own purpose.

This rule complements other provisions that give wills flexibility. These include incorporation by reference and the separate writing for tangible personal property under A.R.S. 14-2513. Together, these statutes keep a well-drafted will functional even as your life evolves.

A will may dispose of property by reference to acts, such as the execution or revocation of another person's will, that have significance apart from their effect on the dispositions made by the will whether they occur before or after the execution of the will or before or after the testator's death.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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