Estate Law Glossary
Understanding key terms and concepts in estate litigation and will contests
Beneficiary
A person named in a will or trust who is entitled to receive property or assets from an estate or trust.
Caveator
The person who files a caveat (will challenge) and formally objects to the probate of a will.
Caveat
A legal challenge to the validity of a will in North Carolina, also known as a will contest.
Decedent
A person who has died, whose estate is being settled or probated.
Elective Share
The legal right of a surviving spouse to claim a portion of a decedent's estate, regardless of what the will states.
Estate Administration
The legal process of managing and distributing a deceased person's assets and settling their debts and obligations.
Estate Litigation
Legal disputes that arise during the probate process, including will challenges, executor disputes, and beneficiary conflicts.
Executor
The person appointed in a will to manage the estate, pay debts, and distribute assets to beneficiaries.
Fiduciary
A person or entity legally obligated to act in the best interest of another person or group, such as an executor or trustee.
Fraud
Intentional deception or misrepresentation used to induce someone to sign a will or document.
Lack of Testamentary Capacity
The inability of a testator to understand the nature of making a will, the extent of their property, or the natural objects of their bounty.
Probate
The legal process of proving a will's validity and distributing a person's estate under court supervision.
Propounder
The person or entity defending the validity of a will in a will contest or caveat.
Revocation
The cancellation or withdrawal of a will or the legal effect of a previously executed will.
Superior Court
In North Carolina, the court where will caveat cases are heard, as opposed to the Clerk of Court for initial probate matters.
Testator
The person who makes and signs a will, which becomes effective upon their death.
Testamentary Capacity
The legal and mental ability required to make a valid will, including understanding the nature and extent of one's property.
Trust
A legal arrangement where property is held by a trustee for the benefit of specified beneficiaries.
Trust Dispute
Legal conflicts arising from trust administration, including disputes over trustee conduct, beneficiary rights, or asset distribution.
Trustee
The person or entity legally responsible for managing trust property and distributing it according to trust terms for the benefit of beneficiaries.
Undue Influence
Improper pressure or manipulation exerted on a testator by another person to induce them to make a will in a particular way.
Will Challenge
A formal legal objection to the validity of a will, typically based on grounds such as lack of capacity or undue influence.
Power of Attorney (POA)
A legal document giving another person the authority to act on your behalf in financial, legal, or medical matters.
Power of Attorney Abuse
The misuse or exploitation of power of attorney authority by an agent for personal gain or to the detriment of the principal.
Showing 24 of 24 terms