Thinking about filing a will contest in the State of Alabama? Burns, Cunningham & Mackey has been handling these cases for almost thirty years. Such contests typically occur during probate proceedings, where the court determines whether the will is valid and oversees the distribution of the deceased’s assets. Grounds for contesting a will in Alabama are rooted in ensuring fairness and compliance with state laws. Below is a detailed explanation of these grounds, including the legal principles and procedures involved:

Lack of Testamentary Capacity

One of the most common grounds for contesting a will is the claim that the testator (the person who made the will) lacked the mental capacity to create a valid will. In Alabama, testamentary capacity requires that the testator:

Understand the nature and extent of their property,
Comprehend the natural objects of their bounty (i.e., their heirs or beneficiaries),
Understand the nature of the act of making a will.

If the testator was suffering from mental illness, dementia, or another condition impairing their cognitive abilities at the time the will was executed, the will may be challenged on this basis. Evidence such as medical records, witness testimony, or expert opinions is often used to establish a lack of capacity.

Undue Influence

Undue influence occurs when someone exerts excessive pressure on the testator, compromising their free will and causing them to create or alter a will in a way that benefits the influencer. To prove undue influence in Alabama, the contestant must show:

The existence of a confidential relationship between the testator and the influencer,
The influencer’s active participation in the preparation or execution of the will,
That the influencer benefited substantially from the will.

Alabama courts presume undue influence if these factors are present, particularly if the testator was vulnerable or dependent on the alleged influencer. However, the burden shifts to the proponent of the will to prove that it was executed freely and voluntarily.

Fraud

Fraud is another valid ground for contesting a will in Alabama. Fraud can occur in two primary ways:

Fraud in the execution: This involves tricking the testator into signing a document they did not intend to be a will. For example, the testator may have been misled about the nature of the document they were signing.
Fraud in the inducement: This occurs when someone provides false information or conceals material facts to persuade the testator to make or modify a will in their favor.

In either case, the contestant must prove that the fraudulent act directly influenced the testator’s decisions regarding the will.

Forgery

Forgery involves creating or altering a will without the testator’s authorization or knowledge. If a contestant can demonstrate that the testator’s signature was forged or that the document was tampered with, the will can be invalidated. Handwriting experts and forensic analysis are often used to establish forgery.

Improper Execution

For a will to be valid in Alabama, it must comply with the state’s formal requirements. These include:

The testator must be at least 18 years old and of sound mind.
The will must be in writing.
The will must be signed by the testator or by someone at the testator’s direction and in their presence.
The will must be witnessed by at least two competent individuals who sign in the testator’s presence.

If any of these requirements are not met, the will can be contested and deemed invalid. For example, if the witnesses did not actually observe the testator sign the will, or if the testator signed under duress, the will may fail to meet the statutory standards.

Duress

Duress involves the use of threats, violence, or other forms of coercion to force the testator to create or modify a will. Unlike undue influence, which relies on psychological manipulation, duress involves more overt and aggressive tactics. If proven, a will executed under duress is invalidated.

Revocation

A will contest may arise if there is evidence that the testator revoked the will before their death. Alabama law allows for revocation by:

Physically destroying the will (e.g., tearing, burning, or shredding),
Creating a subsequent will that explicitly or implicitly revokes the previous one,
Executing a written revocation.

If a revoked will is mistakenly or fraudulently presented for probate, interested parties can challenge its validity.

Ambiguity or Mistake

Ambiguities or mistakes in the will’s language can lead to disputes over its interpretation. In some cases, the testator’s true intentions may not be clear due to poorly drafted provisions or errors in the document. Alabama courts strive to uphold the testator’s intent, but significant ambiguities or mistakes may provide grounds for a contest.

Insufficient Evidence of the Testator’s Intent

Alabama courts emphasize that a will must reflect the testator’s true intentions. If there is insufficient evidence to prove that the testator knowingly and voluntarily created the will, it may be contested. This ground often overlaps with other claims, such as lack of capacity or undue influence.

Claims of Pretermitted Heirs

Alabama law protects pretermitted heirs—children or other close relatives unintentionally omitted from a will. If a testator’s will does not provide for a child born or adopted after the will was executed, or if the omission appears unintentional, the child may have grounds to contest the will. Courts may grant pretermitted heirs a share of the estate as if the testator had died intestate (without a will).

Conflict with Alabama Law

A will can be contested if it contains provisions that violate Alabama law or public policy. For example, provisions that attempt to disinherit a spouse in violation of Alabama’s elective share statutes may be challenged. Alabama law allows surviving spouses to claim a statutory share of the estate, even if they are excluded from the will.

Multiple Wills

Disputes may arise when there are multiple wills, each purporting to be the testator’s last will and testament. In such cases, the most recent valid will generally take precedence. However, if the later will is successfully challenged, an earlier will may be reinstated.

Procedural Aspects of Will Contests

In Alabama, will contests must follow specific procedural rules:

Timeframe: A will contest must generally be filed within six months of the probate court’s admission of the will to probate. If the will is being contested before probate, the challenger must file an objection before the court admits the will.
Standing: Only interested parties—individuals who stand to gain or lose financially based on the outcome—can contest a will. This includes heirs, beneficiaries, or creditors.
Burden of Proof: The burden of proof initially falls on the party contesting the will. However, once a prima facie case is made, the burden may shift to the proponent of the will to establish its validity.
Role of Evidence: Evidence such as witness testimony, medical records, and expert opinions is crucial in will contests. Courts evaluate this evidence to determine whether the grounds for the contest are valid.

Contesting a will in Alabama involves complex legal and procedural considerations. It is important that you seek out legal counsel who has experience in contesting wills and understands the pitfalls and procedural hurdles you will face during this type of litigation. If you or a loved one believe that you have the grounds for a will contest, please contact Burns, Cunnigham & Mackey.