Call our Alabama Will Attorneys today at (205) 201-1789
Will contests are rare and they are serious. Most of the calls we get are from a family member who was cut out by a late change and wants to know whether the change can be undone, or from an executor who has just been served. This page answers both, plainly, before either side spends money.
In short: An Alabama will can be set aside if it was not signed and witnessed as Alabama Code § 43-8-131 requires, if the testator lacked the mental capacity to make it, if someone with influence over the testator procured it, if it was obtained by fraud, or if it was revoked by a later will or a deliberate act. A will that is simply unequal, or that leaves out a child, is not contestable on that basis alone.
Two windows: A contest can be filed in the probate court before the will is admitted, or in the circuit court within six months after admission. Miss both and the will stands, no matter how strong the grounds.
Who can file: An interested person, meaning someone who would inherit under a prior will or under intestacy if this will failed. A friend or a distant relative with nothing to gain cannot contest.
Both sides: We represent heirs challenging a will and executors defending one. An executor’s reasonable defense costs are ordinarily paid by the estate, not personally. Most contests settle once the evidence is on the table; the ones that do not turn on medical records, witness accounts, and the drafting attorney’s file.
The Five Grounds for Contesting an Alabama Will
Improper execution. The will was not in writing, not signed by the testator or at their direction, or not signed by two witnesses. A will that fails § 43-8-131 is not a will. A self-proving affidavit under § 43-8-132 creates a presumption of proper execution, which is why a will without one is easier to attack.
Lack of testamentary capacity. The testator, at the moment of signing, did not understand the nature of the act, the property they owned, or the people who would naturally inherit. Capacity is judged at signing, so a diagnosis before or after is evidence but not proof. Medical records, the drafting attorney’s notes, and the witnesses’ recollections decide it.
Undue influence. Someone in a confidential relationship with the testator actively procured the will and benefited unnaturally from it. Alabama courts look for those three elements together: a relationship of trust, active involvement in getting the will made, and a result that departs from what the testator would naturally have done. The caregiver who drives the testator to a new lawyer and leaves with the estate is the classic case.
Fraud. The testator was deceived about what they were signing, or about facts that led them to change the will, such as a false claim that a child had died or stolen from them.
Revocation. A later valid will revokes an earlier one, and a testator can revoke by physically destroying the will with intent. A will that cannot be found after the testator’s death is presumed revoked, a presumption that can be rebutted with evidence it was lost rather than destroyed.
Is a Contest Worth Bringing, or Defending to Trial?
A Contest Has Real Prospects When
- The will was signed without two witnesses, or the witnesses did not actually see the signing.
- A diagnosis of dementia or a hospitalization closely precedes the signing, and the drafting attorney did not document capacity.
- The main beneficiary arranged the lawyer, was present at the signing, or was a caregiver with control over the testator’s life.
- The new will reverses a long-stable plan with no explanation.
- The original cannot be found and the person who last had it benefits from the earlier will.
A Contest Is Usually Not When
- The complaint is that the split is unequal or that a child was left less than a sibling.
- The will was prepared by an independent attorney who met with the testator alone and documented capacity.
- The testator had explained the change to others before signing.
- The contestant is not an heir under any prior will or under intestacy.
- More than six months have passed since the will was admitted.
Most contests that survive the first motion settle, often with an adjustment to the distribution and a release. We tell clients on both sides where the case actually sits before anyone commits to a trial.
How a Will Contest Proceeds
Timelines depend on the court and whether the case settles; most resolve within several months to a year.
Consultation
We review the will, any prior wills, the timeline of the testator’s health, and who was involved in the signing, and give a straight assessment of grounds, standing, and deadline. Litigation fees are quoted at the consultation.
Filing or Response
The contest is filed in the probate court before admission or the circuit court within six months after. An executor served with a contest files an answer and continues administration short of distribution.
Evidence
Medical records, the drafting attorney’s file, witness testimony, and financial records showing who controlled the testator’s affairs. This is where contests are won and lost.
Settlement or Trial
Most cases settle on the evidence, with a written agreement the court approves. The rest are tried, and the court either upholds the will or sets it aside in favor of the prior will or intestacy.
Will Contests — Frequently Asked Questions
1.Can I contest a will just because it is unfair?
No. Alabama does not require a will to be fair or equal. A parent can leave everything to one child, or to a charity, if the will was validly executed by a competent person acting freely. The grounds are improper execution, lack of capacity, undue influence, fraud, and revocation, not the result.
2.How long do I have to contest a will in Alabama?
Before the will is admitted to probate, a contest can be filed in the probate court at any time. After admission, the contest must be filed in the circuit court within six months of the order admitting the will. After that, the will is final.
3.Who can contest a will?
An interested person: someone who would inherit under an earlier will or under Alabama’s intestacy law if the contested will were set aside. Spouses, children, and heirs named in a prior will typically have standing; friends and distant relatives usually do not.
4.What is undue influence?
Pressure that overcame the testator’s free will, shown in Alabama by three things together: a confidential relationship between the testator and the beneficiary, the beneficiary’s active involvement in procuring the will, and a result that departs from what the testator would naturally have done. The beneficiary who found the lawyer and sat in on the signing is the pattern courts recognize.
5.Does a no-contest clause stop me from challenging the will?
A no-contest clause says a beneficiary who challenges the will forfeits their gift. It only matters if you were left something worth keeping; a beneficiary who was left nothing has nothing to forfeit. Courts also generally will not enforce the clause against a contest brought with probable cause. We evaluate the clause before advising whether to file.
6.I’m the executor and a contest has been filed. Who pays for the defense?
The estate, ordinarily. An executor has a duty to defend the will and is entitled to reasonable attorney fees and costs from the estate for a good-faith defense. Distributions pause until the contest is resolved, and the executor should not favor any side while it is pending.
Contesting or Defending a Will? Talk to Us First.
One consultation tells you whether the grounds are real, whether you have standing, and what the deadline is, before either side spends money on a case that cannot be won.
Our Will Contest Service Includes
✓ Grounds, standing, and deadline assessment
✓ Contests filed in probate or circuit court
✓ Executor defense with fees paid by the estate
✓ Medical, attorney-file, and financial evidence work
✓ Settlement negotiation and court-approved agreements
✓ Trial representation on either side
Call the Office Nearest You
Birmingham — (205) 201-1789
Chelsea — (205) 677-5490
Huntsville — (256) 665-9473
Montgomery — (334) 782-9938
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