Creating your last will and testament gives you peace of mind that your assets are handled as you wish after your passing. However, while many people complete these documents on their own terms, sometimes they may be coerced into adding something they may not want. Drafting a will against your personal wishes is covered under Arizona law, but it’s essential to understand the law well to ensure you don’t fall victim to this practice.

What Is Duress in Relation to Creating a Will?

Duress is a damaging behavior that often involves manipulating someone into adding something to benefit you in their will when they wouldn’t otherwise do so. In some situations, it could involve threats or violence to convince someone to make changes to their will. For instance, an individual may threaten to withhold financial support for a loved one if they don’t make concessions to them in their will. However, this isn’t the only way in which someone can place an individual under duress. The tactics used are limitless, but all have the same potentially damaging effects on an individual’s state of mind. In short, using duress or coercion to impact how someone handles their assets after their passing is wrong and can carry criminal consequences.

What Can Be Done in Situations of Duress

Sometimes, these situations aren’t uncovered until after the death of a loved one, when the contents of the will are revealed to the family. If family members are concerned about the contents of their loved one’s will, it’s essential to speak with an estate planning attorney as soon as possible. The faster they take action, the more likely they can prove their case and get the will overturned. Challenging the contents of a will in Arizona is a time-consuming process and requires careful attention to detail. While you can find plenty of information relating to duress and coercion in terms of wills, reading articles online doesn’t provide the personalized legal advice you need. Speaking with a qualified attorney ensures you enter this case with a firm understanding of Arizona law regarding this matter and take the appropriate steps to contest the will.

Every person has the right to will their belongings and assets to whomever they see fit. Unfortunately, some individuals use improper tactics to coerce a friend or family member to leave all of their assets to them, rather than what they really want. If you suspect this occurred with your loved one, make an appointment with our estate planning attorneys today to get the help you need.

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