What happens when a will is contested in court?

When a will is contested in court in Alabama, the court is tasked with determining if the will should be deemed legally valid or invalid. In order to do this, the court will evaluate the circumstances that surrounded the draft and signing of the will. This includes determining whether the will was properly executed, if the testator (the person who prepared the will) had the mental capacity to do so, and if he or she was unduly influenced when preparing the will. The court also considers if any irregularities occurred during the drafting and signing of the will. Irregularities can range from witnesses not meeting the requirements of the court or not signing the will in front of the testator, to fraud or coercion. It’s also important that the court consider if any changes were made to the will after it was signed by the testator. If the court decides that the testator was of sound mind when drafting the will or that no irregularities occurred during its creation, the will is deemed valid and will be enforced. However, if the court finds evidence of fraud, coercion, or other irregularities, then the will may be deemed invalid and the testator’s estate will be divided according to the laws of intestate succession.

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What happens when a will is contested in court?

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