Alabama Probate Law

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    Will Contests in Alabama

    A will contest is a legal challenge to the validity of a purported last will and testament. In Alabama, will contests are governed by Ala. Code § 43-8-2101 et seq. and are among the most heavily litigated matters in probate court.

    Grounds for Contest

    The most common grounds for contesting a will in Alabama are lack of testamentary capacity, undue influence, fraud, duress, and improper execution. Lack of testamentary capacity requires proof that the testator did not understand the nature of making a will, the extent of their property, or the natural objects of their bounty at the time of execution. Undue influence requires proof that another person’s influence overcame the testator’s free agency and substituted that person’s will for the testator’s own.

    Procedure

    The probate court where a will is offered for probate has original and general jurisdiction over a contest of the will’s validity under Ala. Code § 43-8-215. That jurisdiction remains with the probate court unless the proceeding is removed to circuit court under Ala. Code § 43-8-216, in which case jurisdiction lies with the circuit court until the proceeding is remanded back to probate court in accordance with that section. The contest must generally be filed before the probate of the will or at any time within 180 days after the admission to probate.

    Who Has Standing

    Any interested person has standing to contest a will. This typically includes heirs at law who would take under intestacy if the will is set aside, or beneficiaries under a prior will.

    Practical Considerations

    Will contests are document-intensive and frequently turn on medical records, financial records, and witness testimony about the testator’s condition and relationships in the period leading up to and at the time of execution. Early preservation of evidence matters. So does understanding which claims are viable and which are not before filing.

    I represent both contestants and proponents of wills in Alabama probate litigation. If you are evaluating a will contest — on either side — contact me to discuss the facts.

    1. Applicable to Wills filed for probate on or after January 1, 2023 ↩︎