13 Oct Estate Planning for Estranged Families: How to Protect Your Wishes from Legal Challenges

Not every family story is the same. Many people face complicated or strained relationships with children, siblings, or other relatives that lead to estranged relationships. If this describes your situation, it’s important to recognize how estrangement can impact what happens to your assets after you’re gone. Estate planning for estranged families comes with unique challenges, and without a carefully designed plan, your wishes may be contested in court. 

In Arizona, an estranged child or relative may try to challenge your will or trust if they feel excluded or overlooked. To protect your legacy and the people you truly want to benefit, you’ll need to craft a thorough estate plan. 

Why Estrangement Complicates Estate Planning

When a family relationship has broken down, emotions can run high after a death. Estranged children or relatives may believe they were unfairly disinherited or cut out. This often leads to estate planning legal challenges, such as:

• Will contests alleging fraud, coercion, or undue influence. 
• Claims of a lack of capacity when you signed your documents.
• Arguments over unclear instructions in your will or trust.

These disputes can tie up your estate in Arizona probate court, drain resources, and cause stress for the loved ones you intend to protect. 

Do Estranged Children Have Rights to Inheritance in Arizona?

In Arizona, the answer depends on your estate plan. Adult children are not automatically entitled to an inheritance if you intentionally exclude them in your valid will or trust. However, if you die without an estate plan (known as intestate), Arizona law gives your biological and legally adopted children certain rights to inherit. 

That’s why estate planning for an estranged child or other family member requires special care. A properly drafted estate plan ensures your wishes are followed and that unintended heirs do not automatically receive a share of your estate. 

Seven Strategies to Protect Your Wishes

If you have an estranged child or other relatives, it’s important to take extra precautions in your estate plan. Here are some of the most effective ways to prevent disputes and protect your legacy. 

1. Create a Strong Estate Plan

When dealing with estate planning for estranged families, a simple will is often not enough. A will goes through probate, where it becomes part of the public record and may invite challenges. Instead, consider establishing a revocable living trust. A trust allows your assets to transfer privately, outside of probate, and offers more control over when and how beneficiaries receive their inheritance. 

In addition, trusts can include detailed provisions that address contingencies, such as what happens if an estranged child tries to challenge your plan. 

2. Be Direct but Careful About Disinheritance

In Arizona, you’re not legally obligated to leave an inheritance to adult children. However, if you intend to disinherit someone, you must be clear in your intentions. Explicitly stating in your estate plan that you are intentionally excluding an estranged child can prevent claims that they were simply overlooked by mistake. 

That said, it’s often better to keep your explanation brief rather than detailing your issues. Too much detail may provide grounds for litigation if the estranged child claims defamation or undue influence. 

3. Use a No-Contest Clause

Adding a no-contest cause to your will or trust is one of the strongest deterrents against challenges. Under Arizona law, this clause states that if a beneficiary contests your estate plan without probable cause, they risk forfeiting their inheritance. While it cannot stop an estranged family member who is completely disinherited from filing a claim, it can discourage relatives who stand to lose something if they push the issue. 

4. Document Your Intentions Thoroughly

Documentation is critical when it comes to estate planning with an estranged family member. Follow these steps to create a clear record of your intentions that makes it harder for an estranged child or other relative to argue otherwise:

• Sign your state planning documents with multiple credit witnesses—this is required to make wills valid.
• Keep a letter of intent or personal note explaining your decisions.
• Ask your attorney to prepare a memorandum of conversation to record your reasoning.
• For additional protection, make a short video at the time of signing to show that you are acting freely and of sound mind. 

5. Prevent Capacity Challenges

One of the most common arguments in estate planning legal challenges is that the person creating the will or trust lacked mental capacity at the time it was made. To minimize this risk, make sure to:

• Update your estate plan while you are healthy and clearly capable.
• Have a physician evaluate your cognitive health at the time of signing. 
• Use professional witnesses such as your attorney or financial advisor. 

These steps make it much more difficult for an estranged family member to argue that you didn’t know what you were doing when you created your estate plan. 

6. Review and Update Regularly

Life circumstances change—divorce, remarriage, making up with estranged family members, and the birth or adoption of children and grandchildren can all impact your estate plan. By reviewing and updating your documents regularly, you ensure they reflect your current wishes. Regular updates also strengthen your plan against legal challenges, as they show your intent was consistent over time. We recommend meeting with us every three years to review your estate plan. 

7. Consider Alternatives

In some cases, leaving a very small inheritance to an estranged child—rather than cutting them out entirely—may help reduce the chance of a legal battle. Combined with a no-contest clause, this gives them something to lose if they decide to challenge your plan. 

Work with an Experienced Arizona Estate Planning Attorney

If your family relationships are complex, don’t leave your estate plan to chance. Estate planning for estranged families requires thoughtful strategies to reduce conflict and safeguard your wishes. The Phelps LaClair team can help you minimize the risk of disputes, prevent unwanted inheritances, and make sure your legacy reflects your intentions. Contact us today to schedule a free consultation in Chandler or a convenient location near you. 

Images used under creative commons license – commercial use (10/13/2025). Photo by Sora Shimazaki on Pexels