What Makes a Will Contest Viable?
Contesting a will can be a delicate and emotional legal process. Whether you're a family member who feels unfairly left out or someone questioning the circumstances surrounding a loved one's final wishes, it's important to know the legal grounds that make a will contest viable.
At The Seawell Firm, LLC in Mobile, Alabama, we’ve worked with many clients facing these difficult situations and helped them move forward with clarity and confidence. Will contests aren't about bitterness or revenge—they're about fairness and honoring true intent.
Alabama law allows interested parties to challenge a will under specific conditions. Knowing what makes a claim legally sound can help you determine whether to move forward or seek other resolutions. As experienced estate planning attorneys well-versed in wills, we're here to break down what matters most in these cases.
Contesting a will is often a last resort for individuals who feel that a loved one’s true intentions were misrepresented or ignored. With the right legal support, it's possible to pursue accountability without causing further unnecessary conflict among family members.
Legal Standing to Challenge a Will
Before anything else, you need to determine if you're legally allowed to contest the will. Not everyone can challenge a will in Alabama; only certain individuals have the standing to file this type of legal action.
Standing is a legal concept that determines whether someone has a sufficient connection to and harm from the matter at hand to support their participation in the case. Legal categories with standing to contest a will:
Heirs at law: People who would inherit under Alabama's intestacy laws if there were no will.
Named beneficiaries: Individuals or entities who were named in a previous will but excluded from the current version.
Legal representatives: Guardians, conservators, or executors acting on behalf of someone with standing.
Creditors: In rare cases, a creditor may have standing to contest if the estate has outstanding debts.
If you're not in one of these categories, a court is unlikely to hear your claim. A qualified wills attorney can help you determine whether you meet these basic requirements before moving forward. Even if you believe you’ve been wronged, the legality around standing is firm, and not everyone will qualify to bring a case forward.
According to Gallup, Americans aged 65 and older are the most likely subgroup to have a will, with just over three-quarters saying they have one, making it even more important to understand who has legal grounds to challenge those documents.
Lack of Testamentary Capacity
One of the most common arguments in a will contest is that the person who made the will lacked the mental capacity to do so. In Alabama, the law requires that the testator understand three key things at the time the will was signed. This concept is known as "testamentary capacity," and it's central to the validity of any will. Key elements of testamentary capacity:
The nature and extent of their property: They must understand what they own.
The natural objects of their bounty: They must know who their family and logical beneficiaries are.
The nature of the act: They must know they’re creating a will and understand its effect.
Age alone doesn't decide capacity. Medical records, witness testimony, and expert evaluations can all help prove—or disprove—this element. If you're unsure whether your loved one had capacity, a skilled wills attorney can help gather the right evidence.
Acting quickly can preserve key documents, protect assets, and improve the chances of a favorable legal outcome in a contested will case.
Undue Influence and Coercion
Another serious concern is undue influence. This happens when someone pressures the testator to change their will in a way that benefits the influencer unfairly. The law is especially cautious when the influencer had a confidential or dependent relationship with the testator. Red flags that may suggest undue influence:
Caregivers and close companions: These individuals may have significant control or emotional influence over the testator.
Unusual changes in asset distribution: Large gifts to new acquaintances or unexpected exclusions of family members can raise red flags.
Secrecy surrounding the will: A will drafted without telling family members may be scrutinized more closely.
Control over the will's execution: If one person arranged for the drafting, signing, and safekeeping of the will, their influence could come under question.
Undue influence can be hard to prove, but it's not impossible. With the help of experienced wills attorneys, you can identify suspicious behavior and pursue a valid legal claim. Courts weigh multiple factors and the burden of proof lies with the person challenging the will, which is why having a strategy built on facts is essential.
Improper Execution of the Will
Even if the testator had capacity and wasn't coerced, the will must still be properly executed under Alabama law. Certain procedural rules must be followed or the document could be declared invalid. Wills that don’t meet the state's signature and witness requirements can fail during probate. Technical requirements for a valid will:
Proper witnessing: Alabama requires two competent witnesses to be present when the will is signed.
Signature of the testator: The person making the will must sign it, or someone else may do so at their direction in their presence.
Voluntary execution: The testator must sign the will freely and voluntarily.
No obvious alterations: Any visible changes or handwritten notes may call the document into question.
In many cases, improperly executed wills lead to confusion, delays, and even full-blown litigation among surviving family members. What might seem like a harmless oversight—such as using only one witness or forgetting to sign on the correct page—can give rise to disputes that overshadow the testator’s true intentions.
By involving a knowledgeable wills attorney from the beginning, you significantly reduce the risk of these avoidable complications and help protect your loved ones from future legal battles.
Fraud or Forgery
Allegations of fraud or forgery can also make a will contest viable. If someone tricked the testator into signing a will they didn't understand—or forged their signature entirely—the court won’t uphold the document. These claims are serious and require a high degree of proof to be successful. Signs of potential fraud or forgery:
Fake signatures: If the signature doesn’t match the testator’s handwriting or was signed without consent, it could be forged.
False representations: Lies or deception that caused the testator to change their will may constitute fraud.
Switching documents: Swapping the real will for another version without the testator’s knowledge is a serious offense.
Witness collusion: If witnesses were part of the fraud, their testimony can be challenged.
Proving fraud or forgery usually requires expert analysis and strong documentation. A knowledgeable wills attorney will know how to investigate these claims thoroughly. Forensic handwriting analysts and digital evidence can play a crucial role in building a solid case that can withstand scrutiny in probate court.
Dedicated Legal Advocacy
We proudly serve clients throughout Baldwin County and Mobile County, including the cities of Fairhope and Daphne. Henry R. Seawell, IV brings deep experience and a commitment to helping families protect what matters most. We're ready to stand by your side and fight for a fair outcome. Contact The Seawell Firm, LLC today to speak with a trusted wills attorney and get the guidance you deserve.