Grounds for Contesting a Will: Undue Influence
What does undue influence mean in a will in NC? North Carolina courts defines Undue Influence as the fraudulent influence over the mind and will of another to the extent that the professed action is not freely done but is in truth the act of the one who procures the result. The law requires that in order to state a prima facie case on the issue of undue influence, a caveator must prove the existence of 4 factors: (1) a person who is subject to influence (this is in reference to the Testator or Will Maker); (2) an opportunity to exert influence; (3) a disposition to exert influence; and (4) a...
Read MoreChildren Settle Will Contest with Stepmom
Stepmom-Widow alleged to have forged Testator-spouse’s signature on Will Two adult children of a Polk County, North Carolina man settled a case challenging the validity of their father’s will. The children had suspicions that the Stepmom forged their father’s signature on his will, which was purportedly executed in late November 2012, seven months prior to his unexpected death. The children pursued the will contest litigation to set aside the will by filing a will caveat in Polk County Superior Court. With the challenge being the signature was forged, this is an example of a Sham Will....
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