A will is a document that provides instructions for how a person’s assets are to be distributed upon their passing. This may include real estate, cash, and investments. A will also names an executor to oversee the distribution of these assets. In some cases, surviving beneficiaries may not agree with the terms of a will. When this happens, they must go through probate court to contest the will. Here’s what you should know about probate law in Alabama if you’re planning to contest.

Who Can Contest a Will?

In the state of Alabama, only interested parties are eligible for protesting a will. This means they must be included in the will as a beneficiary. Or, they would need to be eligible for receipt of at least some of the estate if the will were to be found invalid. For instance, under state law, if a child is not listed in the will, they would still be considered an interested person based on intestate law. 

What Are the Grounds for Contesting a Will?

There are several reasons why someone might contest a will. For instance, under probate law in Alabama, a spouse is usually entitled to a portion of the deceased’s estate, even if their spouse attempted to leave them out of their will. Someone might also contest a will if they believe it was created when the deceased was mentally incapacitated. Probate law states that a person must be cognitively sound to create a will in order for it to be considered valid. If the will is suspected to have been created under coercion or entirely fraudulent, these would also be grounds for contesting.

What Is a No-Contest Clause?

If someone writing a will believes that it may be challenged in the future, they may consider including a no-contest clause in the document. These clauses state that someone who is due to inherit money would not get anything if they were to challenge the validity of the will. The objective of the clause is to discourage any disgruntled parties from contesting the will, but it is not always enforceable. In Alabama, judges use their discretion to determine when contests are made in good faith versus when a will is being contested frivolously by a disgruntled family member.

Whether you need guidance on probate law or you’re creating an estate plan, turn to J.P. Coleman Law, LLC, Attorneys at Law for assistance. Serving Baldwin County, AL, these experienced attorneys take a goal-oriented approach to pursue the best possible outcomes for their clients. See all of their practice areas by visiting their website, or schedule a consultation by calling (251) 947-6247.