Contested Wills in Pell, Alabama
In Pell, Alabama, there is a procedure through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."
A will is usually contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, especially if the testator's motives are not clear. They will often assume that the will must be a forgery, or a result of fraud or force.
If a lot of money, or some particularly valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is actually true or not.
However, this is a matter that should not be approached lightly - will contests can often foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.
When Can a Will be Contested in Pell, Alabama?
Of course, a Pell, Alabama court will not invalidate a will without a very good reason, but there are some situations which render a will clearly invalid.
For example, a will obtained through duress (a threat of harm, usually physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.
Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.
There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Pell, Alabama, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.
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Can a Pell, Alabama Contested Will Attorney Help?
Contesting a will can be a confusing, emotional, expensive, and time-consuming process. There is really no way around this. However, a good Pell, Alabama wills and estates attorney can minimize these problems, and make the process as painless as possible.