A will is a legally binding document that outlines how someone will distribute their assets and property after their death. However, if someone believes that the distribution of assets is unfair or questions the will’s validity, they can challenge it.
Contesting a will is a complex and emotionally charged process that requires a clear understanding of Alabama law.
Understanding the grounds for contesting a will
In Alabama, there are several grounds for contesting a will. The first is a lack of testamentary capacity, meaning the individual who created the will did not have the mental capacity to fully understand the legal implications of their actions.
Another ground is undue influence, where a person in a position of power or trust used that influence to sway someone into creating a will that did not reflect their true wishes. Fraud and duress are also reasons someone can contest a will in Alabama.
Challenging a will
The statute of limitations for contesting a will is only six months from the time the will enters probate. Once you have established grounds for challenging the will, you can file a lawsuit with the probate court. The court will then determine the validity of the will and whether they need to make any changes or distribute assets according to its provisions.
If the court finds that the will is invalid, they will throw out or partially change the will. In some cases, the court may decide that an earlier version of the will is valid.
If you believe you have grounds for contesting a will, make sure to review Alabama law to guide you through the process and help protect your interests. With careful consideration and the right support, you can work toward achieving a just outcome.