Will Litigation in Mobile

Legal Grounds for Contesting a Will in Alabama

Alabama courts recognize several distinct bases for challenging a will. Understanding which applies to your situation shapes how the case is built and what evidence matters most.

Testamentary Capacity

A valid will requires that the testator understood what property they owned, who they intended to benefit, and that they were signing a will at the time of execution. When cognitive decline, dementia, or a medical crisis raises serious questions about that understanding, capacity becomes a central issue in the contest.

Undue Influence

Alabama courts recognize a presumption of undue influence when a confidential relationship existed between the testator and a favored beneficiary, that beneficiary’s influence over the testator was dominant and controlling, and the beneficiary was actively involved in procuring the will. Shifts in an estate plan that benefit a caregiver, advisor, or recently close family member often prompt this type of challenge.

Fraud & Forgery

Fraud can arise in two forms. In fraud in the execution, the testator is misled into signing a document without understanding it is a will. In fraud in the inducement, the testator is given false information that causes them to change who or what they include in the will. Forgery involves a fabricated signature or a document altered after execution.

Improper Execution

Alabama requires a will to be in writing, signed by the testator or by someone acting at their direction and in their presence, and witnessed by at least two people who observed either the signing or the testator’s acknowledgment of it. A self-proving affidavit can streamline probate, but if the underlying execution requirements weren’t met, the will remains vulnerable to challenge.

Standing, Deadlines & Jurisdiction in Mobile & Baldwin County

Before a will contest moves forward, two threshold questions must be answered: does the challenger have legal standing, and has the filing window remained open?

Alabama limits standing to an “interested person” someone with a direct legal or equitable interest in the estate. That typically includes intestate heirs who would inherit if no valid will existed and beneficiaries under a prior will whose share would be reduced if the contested will stands. Once a will has been admitted to probate, a contest must generally be filed within 180 days of the probate grant. For wills filed for probate on or after January 1, 2023, Section 43-8-215 of the Alabama Code governs that cutoff. Jurisdiction rules also changed significantly under Act 2022-427, codified at Alabama Code sections 43-8-210 through 43-8-217. Mobile and Baldwin County are both equity counties, which means a will contest can’t be removed from a probate judge exercising concurrent equity jurisdiction the way it can in non-equity counties.

What Happens After a Will Contest Is Filed

Once a challenge is filed, Mobile County Probate Court notifies all interested parties, including the personal representative, named beneficiaries, and other known heirs. Each may file a response and become a formal party to the proceeding. The case then moves through discovery, where documents, medical records, and witness testimony are gathered and evaluated.

Many will contests resolve through negotiated settlement before a judge or jury ever hears the matter. When settlement isn’t reached, either party may demand a jury trial, whether the case remains in Mobile County Probate Court or is properly before the circuit court. If a court finds the will invalid, the possible outcomes include:

• Reinstating a prior valid will
• Distributing the estate under Alabama’s intestate succession laws if no earlier will exists
• Striking only the invalid provisions while leaving the rest of the document in force
• Rejecting the challenge entirely and leaving the contested will in place