A Complete Legal Guide to Will Contests in Alabama

When a family member or loved one passes away, disputes frequently arise regarding the validity of their last will and testament. Understanding will contests in Alabama is necessary for heirs, beneficiaries, and executors who need to challenge a suspect document or defend a valid one. This guide provides a straightforward overview of the laws, legal grounds, and procedures involved in will contests in Alabama.

Governing Law and Jurisdiction

The procedural rules for will contests in Alabama underwent a significant shift with the passage of Act 2022-427 (SB 256), now codified at Alabama Code §§ 43-8-210 through 43-8-217. These rules apply to wills filed for probate, and removals to circuit court, on or after January 1, 2023.

The probate court where a will is offered for probate holds original and general jurisdiction over the contest. Under the 2023 rules, if probate is proper in multiple counties, the probate court where the proceeding is first commenced has the exclusive right to proceed.

Depending on the county, a contest may be removed to the circuit court. In “Non-Equity Counties,” an interested person can remove the contest to the circuit court up to 42 days before the first trial setting. However, in “Equity Counties” (such as Baldwin, Jefferson, Mobile, Shelby, Houston, and Montgomery), a will contest cannot be removed from a probate judge who exercises concurrent equity jurisdiction.

Who Can Contest a Will and When?

To file a will contest, the challenger must have legal standing. Alabama law restricts this to any “interested person.” This is defined as someone with a direct legal or equitable interest in the estate, such as an intestate heir, a purchaser, or a beneficiary under a prior will, whose interest would be destroyed or negatively affected if the contested will is validated.

There are strict statutes of limitations for filing a contest.

Common Grounds for Contesting a Will

To successfully litigate will contests in Alabama, the challenger must file written allegations stating specific, legally recognized objections to the document. The burden of proof and the necessary elements vary significantly depending on the grounds alleged.

1. Improper Execution (Invalid Execution)

Elements: For a will to be validly executed in Alabama, the proponent must prove strict statutory elements:

• It must be in writing.
• It must be signed by the testator (or signed in their name by someone else in their presence and by their direction).
• It must be signed by at least two persons, each of whom witnessed either the signing itself or the testator’s acknowledgment of the signature or the will. A notary public signing in their official capacity can legally serve as one of these two witnesses.

How to Win or Defend:

• The Self-Proving Affidavit: If you are defending the will, your strongest shield is a self-proving affidavit executed under Ala. Code § 43-8-132. This creates a conclusive presumption regarding the signature requirements. Unless the contestant provides proof of fraud or forgery affecting the affidavit, the will must be admitted to probate without further proof or testimony from the witnesses.
• Non Self-Proving Wills: If the will lacks this affidavit or the affidavit is defective, the proponent bears the burden of making a prima facie showing of valid execution through the testimony of two subscribing witnesses.
• Unavailable Witnesses: If a subscribing witness is dead, out of state, or incompetent, the proponent must formally account for their absence to use secondary evidence, such as proof of the handwriting of the testator and at least one subscribing witness.

2. Lack of Testamentary Capacity

Elements: Testamentary capacity is a different, lower threshold than general mental or contractual competence. The contestant must prove that, at the exact time the will was signed, the testator did not have sufficient mind and memory to understand:

1. The property they were giving away.
2. The people to whom they were giving the property (the natural objects of their bounty).
3. The fact that they were executing a will.

How to Win or Defend:

• Presumption of Capacity: The law presumes every person of legal age has the capacity to make a valid will. The contestant always bears the heavy burden of proving a lack of capacity, which requires a broad evidentiary inquiry into the testator’s conversations, acts, and appearance before, during, and after execution. Unnatural dispositions of property can be used as evidence.
• Aging and Dementia Defenses: Defending a will is often highly successful if the contestant only proves general cognitive decline. The common effects of aging, occasional memory lapses, or even a formal diagnosis of dementia or Alzheimer’s disease do not automatically preclude a finding of testamentary capacity if competent witnesses testify the testator understood their actions at the moment of signing.
• Shifting Burden (Lucid Intervals): If the contestant successfully proves the testator suffered from chronic, fixed insanity or severe dementia prior to signing, the burden of proof shifts. The proponent must then prove the testator signed during a “lucid interval” (a temporary restoration of faculties). If the contestant only proves temporary or spasmodic episodes of insanity, the burden does not shift.

3. Undue Influence

Elements: To invalidate a will based on undue influence, the contestant must raise a legal presumption by proving three elements to the jury’s reasonable satisfaction:

1. Confidential Relationship: The testator relied on and trusted a favored beneficiary in their important affairs. (With parents and children, the parent is presumed dominant unless proven otherwise).
2. Dominant and Controlling Influence: The beneficiary’s influence controlled that relationship.
3. Undue Activity: The favored beneficiary was unduly active in procuring the execution of the will.

How to Win or Defend:

• Shifting the Burden: Once the contestant establishes these three elements, a rebuttable presumption arises. The burden then shifts to the proponent of the will to establish by a preponderance of the evidence that the testator was not unduly influenced.
• Proving the Claim: Contestants build their case by showing the beneficiary was unnaturally favored and presenting circumstantial evidence of undue activity, such as the beneficiary initiating the will’s preparation, hiring the lawyer, selecting witnesses, isolating the testator, or keeping the will secret.
• Defending the Claim: Proponents can defend by showing the will was influenced merely by affection, gratitude, or ordinary advice, which do not destroy free will. Undue influence requires moral coercion, force, fear, or over-persuasion that substitutes the influencer’s will for the testator’s. Simply obeying a testator’s voluntary instructions to help prepare the will is not undue activity.

4. Fraud

Elements: Fraud is a distinct ground from undue influence. To win, the contestant must prove:

• The fraudulent actor intentionally stated to the testator that a present or past important fact was true.
• The statement was false.
• The actor knew it was false, and the testator did not.
• The actor intended for the testator to rely on the statement to alter their will.
• The testator reasonably relied on the statement and made the will as they did.

How to Win or Defend:

• Pleading and Proof: Fraud must be plead with extreme specificity, and the burden of proof remains entirely on the contestant.
• Distinguishing from Undue Influence: A key defense is highlighting the legal distinction: a victim of deceit (fraud) still acts voluntarily and as a free agent, unlike a victim of undue influence whose free will is completely subverted.

5. Revocation

Elements: A contestant may argue the will is invalid because it was revoked by the testator. This requires proving:

• The testator made a subsequent valid will that expressly or impliedly revoked the earlier will.
• Or, the testator (or someone at their direction in their presence) burned, tore, canceled, obliterated, or destroyed the will with the intent to revoke it.

How to Win or Defend:

• Proving a Subsequent Will: Simply writing “VOID” on a separate, non-testamentary document is insufficient. If a contestant claims a later will revoked the earlier one, they effectively become the proponent of the later will and must prove its validity.
• The “Lost Will” Presumption: If a will was known to be in the testator’s possession but cannot be found at their death, the law presumes the testator destroyed it with the intent to revoke it.
• Overcoming the Presumption: To defend a lost will, the proponent bears the heavy burden of introducing competent, substantial evidence to establish: (1) valid execution, (2) loss or destruction, (3) nonrevocation by the testator, and (4) the contents of the will (typically requiring testimony from a witness who remembers its substance and effect).

Trial Proceedings, Costs, and Appeals

Because will contests in Alabama involve complex evidentiary rules, parties often demand a jury trial.

• Costs and Attorney’s Fees: If the contestant loses, they bear the costs of the contest and may be liable for the proponent’s attorney’s fees, particularly if the contest lacked credible evidence.
• No-Contest Clauses: A testator may include an “in terrorem” clause threatening to disinherit anyone who challenges the will. While enforceable in Alabama, courts strictly construe them to avoid forfeitures.
• Appeals: A final ruling from a probate court can be appealed to the circuit court within 42 days. The circuit court acts in an appellate capacity (not a trial de novo). The probate court’s findings are typically upheld unless they are plainly erroneous. Similarly, if the case was already removed and tried in the Circuit Court, the appeal goes to the Alabama Supreme Court or Court of Civil Appeals.

Conclusion

Handling the legal procedures of estate litigation is often complex for families. As outlined in this guide, will contests in Alabama involve strict statutes of limitations, specific filing requirements in the probate court or circuit court, and high burdens of proof. Whether you are seeking to contest a will that you believe is invalid or defending an estate against unfounded claims, understanding these statutory standards is crucial.

Because the rules governing will contests in Alabama are highly technical, ranging from proving a lack of testamentary capacity to defending a self-proving affidavit, having experienced legal counsel is essential. If you have questions about how to contest a will or need representation in an ongoing dispute, it is important to act quickly to protect your rights before the statutory deadlines expire. Call my office today to schedule a consultation to discuss your case.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Each case is fact-specific. If you are wanting to analyze your case, please contact our office to discuss your specific situation.