Posts made in April, 2015

Bifurcated Will Contests in NC

Posted on Apr 29, 2015 in News

Are there will contest lawsuits that have more than one Will? 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...

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Will Contest Issues in NC

Posted on Apr 28, 2015 in News

What are the issues to be proven in a Will Contest case in NC? It goes to trial there will be issues for only a jury to determine if executed according to formalities, and if so, then whether the testator lacked capacity or someone exerted undue influence to make the will. 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...

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