Disputes over a loved one’s will can arise for many reasons. In some cases, family members or potential heirs may believe that the will does not reflect the true intentions of the deceased. Alabama law allows for wills to be contested under specific legal conditions. Challenging a will involves more than disagreement—it requires proper legal standing and a valid reason under state probate law.

Below is a detailed look at who can challenge a will in Alabama, what legal grounds may apply, and how the process works in probate court.

Legal Standing to Contest a Will

Before the court will consider a will contest, the person bringing the challenge must have legal standing. In Alabama, this means the person must be directly and adversely affected by the terms of the will.

Individuals with standing generally fall into one of the following categories:

Heirs at law: These are people who would inherit under Alabama intestate succession laws if there were no valid will—typically spouses, children, parents, or siblings.
Beneficiaries named in a previous will: If you were included in an earlier version of the decedent’s will but removed or reduced in the most recent version, you may have standing to contest.
Named beneficiaries in the current will: Even someone listed in the current will may have the right to challenge its validity if there are concerns about how the document was executed.

Without legal standing, the probate court will dismiss the case without considering the substance of the claim.

Common Legal Grounds for Contesting a Will in Alabama

Alabama law recognizes several specific reasons a will may be declared invalid. A successful contest must prove one or more of these legal grounds with supporting evidence.

1. Lack of Testamentary Capacity

The person creating the will must have been mentally competent at the time the will was signed. This is known as testamentary capacity. It means the individual must have understood:

The nature and extent of their property,
Who their family members and heirs are, and
The effects of creating the will.

Evidence of dementia, mental illness, or cognitive decline around the time the will was executed can be relevant. Medical records, testimony from caregivers or physicians, and witness statements are often used to establish whether the testator understood what they were doing.

2. Undue Influence

A will in Alabama may be invalidated if it was the product of undue influence. This occurs when someone exerts pressure or manipulates the testator in such a way that the resulting will reflects the influencer’s wishes instead of the testator’s own intentions.

Common scenarios involve a caregiver, relative, or new romantic partner who isolates the testator, persuades them to change their will, and benefits disproportionately from the changes. Proving undue influence often involves showing that:

The influencer had a confidential or fiduciary relationship with the testator,
The testator was vulnerable or dependent, and
The influencer participated in the drafting or execution of the will.

Undue influence is typically proven through circumstantial evidence rather than direct proof.

3. Fraud or Forgery

If the will was procured through fraud, it may be contested and deemed invalid. This might occur if someone tricked the testator into signing a document they didn’t understand, or if false information was provided that influenced the testator’s decisions.

Forgery—where the will or the testator’s signature is faked—is another basis for contest. In such cases, handwriting experts, witnesses, or notaries may be called to testify about the authenticity of the signature and document.

4. Improper Execution

Wills in Alabama must meet specific legal requirements to be considered valid. If the will was not properly executed, it may be challenged. Under Alabama law, a valid will must:

Be in writing,
Be signed by the testator (or by someone else at the testator’s direction and in their presence),
Be signed in the presence of two witnesses who also sign the will.

Failure to follow these formalities—such as missing witnesses or unclear signatures—can be grounds for invalidating the will.

Process for Contesting a Will in Alabama

Challenging a will involves specific procedural steps within Alabama probate courts. Here’s how the process typically unfolds:

1. Filing an Objection

The contest begins by filing a formal objection to the will in the probate court where the estate has been opened. This must usually be done within six months of the will being admitted to probate. Missing this deadline may permanently bar your claim.

The objection should clearly state the grounds for the challenge and include any supporting facts or evidence available at that stage.

2. Notice to Interested Parties

Once an objection is filed, the court will notify all interested parties—including the personal representative (executor), named beneficiaries, and any other known heirs. These parties may file responses and become part of the case.

Expect disputes over discovery requests, depositions, and document review. Probate litigation can become complex and time-consuming, depending on the nature of the allegations.

3. Pretrial and Discovery

During the discovery phase, both sides gather evidence. This may include:

Medical records or evaluations,
Witness testimony,
Expert reports (such as handwriting analysis),
Depositions of those involved in drafting the will.

The goal is to build a factual record that supports—or defends against—the claim that the will is invalid.

4. Settlement or Trial

In many cases, will contests are resolved through settlement negotiations before reaching trial. The parties may agree to divide assets differently or remove certain provisions from the will to avoid prolonged litigation.

If settlement fails, the case proceeds to a bench trial—a trial in front of a probate judge. The judge will review the evidence and determine whether the will should be upheld or set aside.

Possible Outcomes of a Will Contest

If the court finds the will invalid, one of several outcomes may occur:

A prior valid will may be reinstated.
If no other will exists, the estate will be distributed according to Alabama’s intestacy laws.
Specific provisions of the will might be invalidated while the remainder stands.

It is also possible for the court to reject the challenge entirely and allow the original will to remain in force. The result depends heavily on the evidence presented and the specific legal grounds invoked.

Taking the Right Steps to Contest a Will in Alabama

Disputing a will requires careful attention to legal details and deadlines. Gathering all relevant documents, identifying potential witnesses, and understanding the strengths of your claim are critical first steps. Given the complexities involved, consulting with an attorney experienced in Alabama probate law can be essential in protecting your rights and interests.

If you believe you have valid reasons to contest a will in Alabama or want to better understand your options, consider contacting Thiry & Caddell LLP at (251) 478-8880. Our team can help evaluate your situation, explain the legal process, and assist you in making informed decisions based on Alabama law.

How to Contest a Will in Alabama: Grounds and Process