When writing a non-self-proved will, you need to have witnesses. These observers validate your will, confirming that you wrote it with a sound mind and intention.
Choosing the right witnesses for your will can be crucial. In Arizona, failing to meet the statutory requirements can result in the document’s invalidation. Understanding the state requirements for witnesses can help you safeguard your will.
The requirements for choosing witnesses
Preparing a will can be a great solution to care for your family, ensuring their protection after your passing. However, your will needs to have witnesses to become valid. You may choose to appoint individuals as witnesses, provided they meet these factors:
- A competent adult who can understand and testify.
- An individual who is not a beneficiary.
- An individual who is not related to a beneficiary by blood, marriage or adoption
Your chosen witnesses are responsible for affirming that you wrote the will with a sound mind. They also attest that the creation of the will is free from fraud, coercion or undue influence.
The presence of an interested party
The risk of using a beneficiary is the core issue. The court operates under the belief that an interested party can influence you to change terms in the will for their advantage.
As a result, appointing beneficiaries as witnesses can raise accusations of undue influence. The court can use this as a ground to invalidate your will, leaving your estate to intestacy laws.
Remaining compliant with Arizona law
When choosing individuals as your witnesses, ensure to follow the requirements in Arizona. It would be best to find impartial parties that have no means of benefitting from your will.
Ultimately, consider reviewing your non-self-proved will to see if it complies with Arizona law. Seeking legal guidance can help you verify compliance.
