Written by attorney Nora L. Jones

Lack of Capacity for a Will/Trust in Arizona

In order to execute a will, the person signing it, known as the testator, must have the required level of capacity for the will to be declared valid. The threshold for a valid will is low, but each of the three elements for capacity is necessary as it will fail if even one element is not present.

Additional resources provided by the author

While the standard for capacity to create a will is low, capacity is only one of the legal claims available when you believe a will or trust may be invalid. Speak to a qualified probate litigation attorney to learn about options that may be available in your particular matter.

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