Richard Boyken Tyson v. Cole Scott Harbin and Carson Ray Harbin (Appeal from Lauderdale Circuit Court: CV-20-900205).

Summary

The Supreme Court of Alabama affirmed the circuit court’s judgment that set aside Gwendolyn Harbin’s will in favor of the Harbin brothers. The Court held that the brothers presented substantial evidence of undue influence, satisfying both dominance/control and undue‑activity elements, and that the proper evidentiary standard is substantial evidence, not a scintilla of evidence. Any alleged error in applying the wrong standard was deemed harmless.