{"data":{"id":"us-az/a.r.s.-14-2712","jurisdiction":"us-az","citation":"A.R.S. § 14-2712","heading":"Burdens relating to validity of governing instruments","body":"A. A proponent of a governing instrument has the burden of establishing prima facie proof of due execution in all cases.\n\nB. 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.\n\nC. If the validity of a governing instrument is challenged on the grounds of revocation by a later governing instrument, the validity of the later governing instrument must be determined first.\n\nD. Except as prescribed pursuant to subsections E and F of this section, a party that challenges the validity of a governing instrument has the burden of establishing the invalidity of that governing instrument by a preponderance of the evidence.\n\nE. A governing instrument is presumed to be the product of undue influence if either:\n\n1. 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.\n\n2. The preparer of the governing instrument or the preparer's spouse or parents or the issue of the preparer's spouse or parents is a principal beneficiary of the governing instrument. This paragraph does not apply if the governing instrument was prepared for a person who is a grandparent of the preparer, the issue of a grandparent of the preparer or the respective spouses or former spouses of persons related to the preparer.\n\nF. The beneficiary of the governing instrument may overcome a presumption of undue influence by a preponderance of the evidence.\n\nG. For the purposes of this section, determining if a person is a principal beneficiary of a governing instrument or the preparer of a governing instrument is a question of fact to be determined by the totality of the circumstances.\n\nH. This section does not apply to the following:\n\n1. Proceedings to determine the validity of a durable power of attorney pursuant to section 14-5506, subsection B.\n\n2. Proceedings to determine ownership of multiple party accounts pursuant to section 14-6211.","path":["Title 14 Trusts, Estates and Protective Proceedings"],"source_url":"https://www.azleg.gov/ars/14/02712.htm","current_through":"2026-09-04","vintage":"2026-08-09","retrieved_at":"2026-09-04T00:49:56Z","sha256":"16112d50556991c72dae9c2c3ec9b95ef5ed855a9637422d178782caf1a3b3bd","source_id":"us-az","stale":true,"prev":"us-az/a.r.s.-14-2711","next":"us-az/a.r.s.-14-2802"},"notice":"GroundRules: Original legal text. Not legal advice."}