Posts made in April, 2015

Bifurcated Will Contests in NC

Posted on Apr 29, 2015 in News

Sometimes there are several different wills/documents purporting to be the will of the deceased, such that different parties are contending one over the other should be ruled as the Last Will and Testament of the deceased. Each party may want a different will as the will to use because one or the other benefits that particular party as opposed to the others. If there are competing last wills happens, the trial may be bifurcated. Bifurcation is when the jury decides one issue, then after that decision, more evidence is presented and the jury decides the subsequent issues. This way, the court...

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Will Contest Issues in NC

Posted on Apr 28, 2015 in News

If a Will contest aka Will Caveat is filed in North Carolina, then when it goes to trial there will be issues for only a jury to determine. The parties defending the probated will are called the propounder(s) of this writing. The propounder seeks to establish the writing as a valid will. The challengers of the probated will are called the caveator(s). The caveator contests and challenges whether this writing is a valid will for certain legal reasons. The writing at issue marked as propounder’s exhibit (The Probated Will in the will caveat). The jury will hear evidence and decide...

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