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Will Contests

Foley Estate Planning Lawyers

Will contests are matters concerning estate and trust litigation, which are frequently litigated by our Foley estate planning attorneys. We have experience in representing both clients who object to the validity of a will and clients who would benefit if the challenged will was held valid and left as is.

A will contest can be brought by an individual who is an heir and/or distributee of the estate of deceased testator on the grounds that the will of the testator was not duly executed or that at the time of execution of said will, the deceased had an unsound mind or any other objection relating to due execution and unsoundness of mind.

To learn about how our estate planning lawyers in Foley can help you, please either contact us online or call us today at (251) 444-7000.

About Soundness of Mind

In Alabama, any person who is at least 18 years of age and has a sound mind can make a will. Generally, due execution of a will pertains to the age of the testator and includes requirements that the will be in writing, signed by the testator, in the presence of two witnesses, and signed by such witnesses.

Soundness of mind also known as testamentary capacity relates to whether the:

  • Testator understood what a will does
  • Knew what property he or she owned
  • Was aware of whom such property was to be distributed to

Other common objections to due execution and soundness of mind include accusations that the creation and execution of will were procured by fraud or undue influence. Our estate planning lawyers in Foley have more than 25 years of combined experience and will explore every possible legal avenue for your success. We will work to resolve your will contest issue in a timely and professional manner while ensuring your rights are fully protected throughout the legal process.

We proudly work with people throughout Foley, Fairhope, Daphne, Spanish Fort, and all of Alabama. Call (251) 444-7000 today for a free consultation or fill out our free online form!

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