The Alabama Supreme Court held that the personal representative of an estate who had been discharged and released as the estate representative prior to filing a wrongful death action, was without capacity to file the wrongful death action, and its filing was a nullity.
Where someone other than the personal representative of an estate brings a wrongful death action, the suit is a nullity that cannot be remedied by substituting the personal representative as the plaintiff.
Where a will had been in the testator’s possession and cannot be found after his death, there is a rebuttable presumption that the will was destroyed with the intent to revoke. The burden is on the will proponent(s) to overcome the presumption. Where no duplicate originals of the will can be found, a copy can […]