When a Will Doesn't Look Right, You Deserve a Straight Answer
If you believe a loved one's will was changed under pressure, signed without full understanding, or doesn't reflect what they actually wanted, you have every right to ask questions. I'm Hendrik Snow, a probate litigation attorney in Mobile, Alabama, and I help families on both sides of will disputes — those who need to challenge a will and those who need to defend one.
The Legal Grounds for Contesting a Will in Alabama
Alabama law recognizes specific legal grounds for challenging a will. Not every suspicion rises to that level, and I'll tell you honestly where yours stands. What I can tell you upfront is that if any of the following circumstances apply, the situation is worth a serious conversation.
Lack of Testamentary Capacity
The person who signed the will must have understood what they were signing — what property they owned, who their family members were, and what it means to make a will. If dementia, medication, or another condition affected their mental state at the time of signing, that will may be vulnerable to challenge.
Undue Influence
Undue influence is one of the most common grounds for a will contest in Alabama, and one of the hardest to prove. It means someone used their position of trust or control over the person to substitute their own wishes for the testator's. Isolation, dependency, and last-minute changes to a will are all patterns I look for.
Fraud or Forgery
If the person who signed the will was deceived about what they were signing, or if the signature itself is not genuine, the will can be challenged on grounds of fraud or forgery. These cases require careful documentation and, often, expert analysis.
Improper Execution
Alabama has specific requirements for how a valid will must be signed and witnessed. A will that wasn't executed correctly under Alabama law may be invalid regardless of what it says. This is a technical but legitimate ground for contest.
Defending a Valid Will
Not every challenge has merit, and not every executor should simply accept a threat and wait. If you've been named as executor and someone in the family is threatening to contest the will, I represent your side too. If the will is valid and properly executed, I'll defend it.
When Probate Disputes Move to Circuit Court
Most probate matters in Mobile County are handled through the Mobile County Probate Court. When a will contest escalates — or when the complexity of the dispute exceeds the probate court's jurisdiction — the case may move to the Mobile County Circuit Court. I handle contested probate matters at both levels and will guide you through whichever forum applies to your situation.
I Don't Start With the Courtroom
The first thing I want to know in any probate dispute is whether litigation is actually necessary. Family relationships don't recover easily from courtroom battles, and a contested will proceeding can take years and cost far more than most families anticipate. Before recommending litigation, I look hard at whether a negotiated resolution is possible.
That said, some disputes can't be resolved without a judge. When that's the case, I'm prepared to take it there. My approach is to be honest with you about your options, realistic about the costs, and direct about what the evidence actually supports.
What It Means to Work Directly With Me
When you hire Snow Law Firm PC, you work with me — not a paralegal, not an associate, not someone who will hand your file off after the intake meeting. I evaluate your claim personally, develop litigation strategy without waiting for committee approval, and communicate with you directly throughout the process. In contested probate matters, where timing and strategy decisions can shift quickly, that kind of direct access matters.
I've been practicing in south Alabama for more than 14 years. I know the Mobile County courts, I know the law, and I'll give you a clear picture of where you stand from the very first conversation.
Probate Litigation Questions
How long do I have to contest a will in Alabama?
In Alabama, a will contest must generally be filed within six months of the will being admitted to probate. Missing that window can permanently bar your ability to challenge the will, so if you have concerns, it's important to speak with an attorney as soon as possible.What does it cost to challenge a will in Alabama?
Probate litigation costs vary depending on the complexity of the case, the volume of evidence involved, and whether the matter resolves through negotiation or proceeds to trial. I discuss fee structures during the free consultation so you understand what to expect before committing to anything.How do you contest a will in Alabama?
A will contest in Alabama is typically filed when the court is considering the petition to probate the will. You'll need to establish legal standing — generally as an heir or beneficiary — and identify a recognized legal ground for the challenge, such as lack of testamentary capacity, undue influence, fraud, or improper execution. If the dispute escalates, the interested parties may request to transfer the contest to the Mobile County Circuit Court.What are the most common grounds for will contests in Alabama?
The most frequently raised grounds are lack of testamentary capacity and undue influence. Capacity challenges focus on the testator's mental state at the time the will was signed. Undue influence challenges focus on whether someone in a position of trust or control manipulated the testator into changing the will to benefit them.Can I contest a will if I was left out but expected to inherit?
Being left out of a will is not, by itself, a legal ground for contest. You need to identify a specific legal basis — such as incapacity or undue influence — and have standing to bring the challenge. That said, unexpected disinheritance is often a signal worth examining, and I'm glad to review the circumstances with you in a free consultation.
Schedule a Free Probate Litigation Consultation
If something about the will doesn't look right, or if you're facing a challenge to an estate you're responsible for administering, the first step is a conversation. I offer free consultations for probate litigation matters, and I'll give you an honest assessment of what you have — not a sales pitch.