Shellie G. Spencer Iii v. Darrell C. Spencer

Summary

The Alabama Supreme Court affirmed the Mobile Probate Court’s order admitting a copy of the decedent’s 2010 will to probate. The Court held that the proponent sufficiently rebutted the presumption that the will had been revoked and that the trial court did not err by placing the burden of proof on the proponent, not the contestant. The decision was based on ore tenus review of the trial court’s factual findings.