When a loved one passes away, the last thing most families want is legal conflict. But sometimes, a will doesn’t reflect the true wishes of the person who passed—or it raises red flags that are too serious to ignore. If you believe something isn’t right, you may have grounds to challenge the will in Alabama probate court.

 

Who Can Challenge a Will?

 

In Alabama, only people with a legal interest in the estate can contest a will. That includes:

 

• Beneficiaries listed in the will

• People who would inherit if the will were invalid

• Heirs who were left out or received less than expected

 

You can’t challenge a will just because you don’t like it—there has to be a valid legal reason to bring a claim.

 

Who Can Challenge a Will?

 

In Alabama, only people with a legal interest in the estate can contest a will. That includes:

 

• Beneficiaries listed in the will

• People who would inherit if the will were invalid

• Heirs who were left out or received less than expected

 

You can’t challenge a will just because you don’t like it—there has to be a valid legal reason to bring a claim.

 

Legal Grounds for Contesting a Will

 

Alabama courts will only overturn a will if there is clear evidence of one or more of the following:

 

• Lack of capacity – The person who signed the will didn’t understand what they were doing

• Undue influence – Someone pressured or manipulated the person into changing the will

• Fraud or forgery – The will was faked or altered

• Improper execution – The will wasn’t signed or witnessed correctly under Alabama law

Signs That Something May Be Wrong

 

These types of disputes can be emotionally difficult—but here are some signs that it may be worth investigating:

 

• A caregiver or distant relative suddenly inherits everything

• The will was changed shortly before death

• The person was suffering from dementia or confusion when the will was signed

• Multiple versions of the will exist and create conflict

• Family members are being kept in the dark about the estate

How the Process Works

 

Will contests are filed in probate court, usually in the county where the person lived when they passed away. These cases often involve complex legal arguments and detailed medical or financial records. That’s why it’s important to act quickly—especially if the estate is already moving through probate.

 

In counties like Jefferson, Shelby, Tuscaloosa, and beyond, deadlines and filing rules can vary slightly, but the burden of proof always rests with the person challenging the will.

 

If you suspect a will in your family doesn’t reflect your loved one’s true wishes, you deserve answers. Trey Traylor has decades of experience litigating estate disputes across Alabama—and he’s ready to help you understand your rights. Contact us today to schedule a consultation and talk through your concerns in confidence.