questions & answers

Question: My father is 94 and is in critical condition. We checked his will for the first time and we have some concerns. His will was made out in 1988 when he was a widower and had 4 adult live children. He since has remarried and lost two children. Is this will null because of the change circumstances?

Answer:

A will is generally not void due to a change in circumstances. Title 14 of the Arizona Revised Statutes (A.R.S.) contains laws dealing with Trusts, Estates and Protective Proceedings. A.R.S. § 14-2301 discusses the situation when a person marries after they have created a will and did not list the new spouse in the will. A.R.S. § 14-2302 discusses the situation when a person has children after he or she has created a will. A.R.S. § 14-2603 discusses what occurs if certain individuals predecease the person in whose will they are listed.

To find out how the law applies in your specific situation, you may want to consult with an attorney. If you do meet with an attorney, you will likely need to show the will to an attorney so that he or she can read the specific language in the will.