At Burns, Cunningham & Mackey, P.C., our will contest lawyers in Mobile, Alabama can help resolve an array of estate litigation problems. Ideally, after the death of a loved one, that person’s assets, the care of certain individuals who have been legally entrusted to him or her, and the means to which the assets are controlled and disposed of are handled in a conflict-free, legal manner. However, this is often not the case and disputes may arise that require legal action and immediate intervention. Contact our will contest and estate litigation lawyers – serving victims statewide – to schedule a consultation.
Spouses, children, grandchildren, and other family members and heirs may have legal standing to contest a will. At Burns, Cunningham & Mackey, P.C., our will contest lawyers often handle claims on behalf of both heirs who have been unfairly overlooked and executors with fiduciary duty and obligation to defend a will filed for probate.
The most common grounds upon which a will is contested include:
- Mental incapacity
- Fraud or undue influence
- Improper execution
- Subsequent will
When wills are thought to be written fraudulently, by someone mentally incapable of doing so or otherwise in bad faith, or there is a newer will written, the document may be disputed. Often, these cases are heard during the probate period of a will, and are brought forward by the family or other heirs of the deceased.
Mental incapacity is the most common grounds for challenging a will. The claim contends that the deceased was incapable of creating a valid will because he or she did not understand the “nature and extent” of his or her assets, did not know the family members or loved ones who would be entitled to such property, and did not understand their property would be distributed. Fraud or undue influence relates to claims that the deceased party was coerced during the execution of the will. Improper execution, as implied, involves any failure to adhere to Alabama’s requirements involving drafting, witnessing, and execution of a will. Finally, any more recent, subsequent will, would replace an older will.
If you would like to chat now with someone from our office regarding your will contest please call us today!