Disputes over a loved one’s will can be emotionally and legally complex. In North Carolina, a will can be contested during the probate process if there are legitimate concerns about its validity. Common reasons for challenging a will include lack of testamentary capacity, undue influence, duress, fraud, or improper execution. For families grappling with an unexpected change in a loved one’s estate plan—or a sudden disinheritance—understanding your legal rights is the first step toward resolution.
Under North Carolina law, only individuals with legal standing—typically beneficiaries, heirs—i.e, those who would benefit under intestacy laws—can file a will caveat (a formal challenge). The challenge must be filed in the Superior Court of the county where the will was probated, and it typically must be submitted within. Timing and strategy matter, which is why working with attorneys experienced in estate litigation is essential. A properly filed caveat puts the probate process on hold while the court reviews the claim three years of the will’s probate. Timing and strategy matter, which is why working with attorneys experienced in estate litigation is essential. A properly filed caveat puts the probate process on hold while the court reviews the claim.
The most common basis for contesting a will is undue influence, where someone close to the deceased may have manipulated their decision-making during a vulnerable time. Other claims may center on lack of capacity, meaning the deceased did not understand what they were signing or who their heirs were. North Carolina courts will also examine whether the will meets the legal requirements for execution, such as proper witnessing and signature. If the will is successfully contested, the court may void the document entirely and/or revert to a prior valid will.
The attorneys at Lord & Lindley have significant experience dealing with trust and estate litigation, including will contests. If you need assistance regarding a legal dispute over a will or trust, please give us a call at 704-457-1010 to see how we may be able to help you. For more information regarding our attorneys and practice areas, please visit our website at www.lordlindley.com.