Who can challenge a will?

In Alabama, anyone who is considered an interested party has the right to challenge a will. An interested party is generally defined as someone who would benefit from the will or someone who is named in the will. This includes beneficiaries, heirs, and fiduciaries (people who handle the estate). In order to challenge a will, the person who files must have something called “standing”—meaning they have a vested interest in the outcome of the will. This means that they must prove they have an equal right to the estate as the other parties. A will can also be challenged under a few other circumstances, such as when the person who wrote the will was not of sound mind or under undue influence when the will was written. In some cases, the will may have been forged or signed without the proper witnesses present. Anyone who wishes to challenge a will must do so through the court system. The court will review the case and decide whether the will is valid or not. If the court finds the will to be invalid, their decision may be appealed. In most cases, it is in the best interests of everyone involved to come to a compromise without having to go to court. This often involves consulting with a probate lawyer, who can help parties involved come to an agreement and avoid costly litigation.

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Who can challenge a will?

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