Tom Selden prevailed in a Will Contest in Jefferson County Probate Court (Bessemer Division) in which the decedent’s daughter claimed her father either did not have the requisite mental capacity to execute his Last Will and Testament and/or did not sign the Will. The firm represented the Notary Public who witnessed the signing of, and notarized, the Will.
The trial included testimony from a handwriting expert who opined the decedent did not sign the Will. There was no rebuttal expert testimony offered.
Following a two (2) day bench trial, the Probate Judge concluded that the decedent had sufficient mental capacity to execute the Will. The Judge further rejected the opinions of the handwriting expert and found that the decedent, did in fact, execute the Will.
The Court’s ruling is presently on appeal.