Discovery in Will Contests

Posted on Oct 21, 2015 in challenging a last will and testament, Contesting a Will, News, will contest attorney NC

When the probate litigation lawyers at Hendrick Bryant file a Will Contest (will Caveat), we also file discovery requests per the N.C. Rules of Civil Procedure. If the case is based on capacity of the testator at the time of execution of the Last Will & Testament or if it’s based on Undue Influence on the testator, then medical records are vitally important. So we ask for medical records around the time the will was executed and beforehand. These requests include:

Medical & health records and bills from {DATE} to her Date of Death, including:

  1. medical records
  2. doctors notes
  3. ambulance records
  4. hospital records,
  5. pharmacy records and bills
  6. bills, including Medicare summaries and benefits

Kirk Sanders, the chair of Hendrick Bryant’s Fiduciary Litigation Committee says “This is important to establish what witnesses (medical providers) were treating the testator at the time in question and who can be called as witnesses at trial. It is also important evidence to determine what the records say about the physical and mental condition of the testator.”

Mr. Sanders also notices depositions of the other party and key witnesses. Depositions are an oral examination of a witness which is held outside the court, before the trial. The witness is sworn to to tell the truth and each word is transcribed by a court reporter. Depositions are fact finding missions. Some depositions are ‘de bene esse’ which means the deposition is being recorded and will be played as a video in trial. This happens a lot with expert witnesses.

Our Will Contest Attorney has deposed the drafting attorney in many cases. Depositions are important parts of each case, no matter whether you are the defender of the will or the challenger of the will. Mr. Sanders represents Caveators and Propounders.

If you have a probate or trust issue, whether it’s “breaking a will” or fiduciary violations, CALL Kirk Sanders at 336-768-1515. STATEWIDE REPRENSATION IN  NC

NC Fiduciary Litigation Attorney

NC Fiduciary Litigation Attorney