Estoppel & Estate Challenges in NC
Will Caveat Issue: What if the caveator has already accepted property under the will he/she wants to attack? Does the Doctrine of Estoppel apply? Estoppel General Rule: one who accepts the benefits under a will is estopped to contest the will’s validity. General Rule 2: ‘One cannot be estopped by accepting that which he would be legally entitled to receive in any event.’ Lamanski, 149 N.C. App. at 651, 561 S.E.2d at 540 (citing Mansour v. Rabil, 277 N.C. 364, 177 S.E.2d 849 (1970); quoting In re Will of Peacock, 18 N.C. App. 554, 556, 197 S.E.2d 254, 255 (1973)). Said...
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