The Starting Point: Testamentary Capacity Is Presumed
The law requires courts to give significant weight to the decisions people make about their own property. When someone signs a will or trust, the law presumes they had testamentary capacity to do so. It also presumes nobody pressured them into it. A challenger in a contest case must overcome that presumption with real evidence.
It is a rebuttable presumption that a person who executes a governing instrument is presumed to have capacity to execute the governing instrument and to have done so free from undue influence and duress.
A.R.S. § 14-2712(B)The proponent of the document, typically the person trying to enforce it, still has to show basic proof that the document was properly signed. But once that threshold is met, the burden shifts. Anyone who wants to invalidate the document must prove their contest case by a preponderance of the evidence.
When Undue Influence Is Presumed
The rules change when certain red flags are present. The law requires an automatic presumption of undue influence in two situations. First, when a person in a confidential relationship with the creator was actively involved in procuring the document and stands to benefit from it. Second, when the person who prepared the document (or their spouse, parents, or children) is a principal beneficiary.
A governing instrument is presumed to be the product of undue influence if either: 1. A person who had a confidential relationship to the creator of the governing instrument was active in procuring its creation and execution and is a principal beneficiary of the governing instrument.
A.R.S. § 14-2712(E)(1)If someone challenges the product of undue influence, the beneficiary can still defend the document. They simply need to show, by a preponderance of the evidence, that the creator acted voluntarily. This balance protects vulnerable people from exploitation while still allowing legitimate gifts to stand.
What Families Should Know About Contest Cases
In a contest case, the challenger faces an uphill climb. The law requires proof that the person lacked testamentary capacity or was subject to undue influence. Suspicion alone is not enough. Experienced law offices can help families understand whether a challenge has a realistic chance of success before committing time and money to litigation.
Proper estate planning reduces the risk of a contest case from the start. Clear documentation, independent witnesses, and professional guidance from qualified law offices all help demonstrate that the person who signed the document did so freely and with full understanding.