Estate Litigation
Lack of Competency (Lack of Capacity) in North Carolina
When legal documents are signed by someone who no longer understands what they're doing, the law must step in.
Wills. Powers of Attorney. Deeds. Trusts. Financial Account Beneficiaries. Life Insurance Beneficiaries.
These documents only carry weight if the person signing them had the mental ability to understand what they were doing — what they owned, who their family was, and how their decisions would affect their estate plans.
When that mental ability is gone, the consequences can devastate families and erase a lifetime of work.
That's when you need a firm that knows how to prove it.
Our focus is clear: we litigate cases involving lack of competency, undue influence, fiduciary abuse, and estate disputes across North Carolina. Led by Kirk Sanders, an experienced estate litigation attorney, we represent heirs, beneficiaries, and families seeking to invalidate documents created when a loved one no longer had the capacity to consent.
Understanding the Law
What Is "Lack of Competency" or "Lack of Capacity"?
A person has legal capacity only if they can:
- Understand what property they own
- Recognize the natural objects of their bounty (their family and heirs)
- Comprehend the consequences of their decisions
- Act free from manipulation or coercion
When dementia, Alzheimer's disease, medication, illness, or mental decline interfere with these abilities, any document they sign may be legally void — even if it looks valid on paper.
Common Cases
Documents Commonly Challenged for Lack of Capacity
Red Flags
Warning Signs Your Loved One May Have Lacked Capacity
You may have a claim if you noticed:
Sudden personality or memory changes
Confusion about finances or family members
New documents executed during hospitalization or illness
A caregiver or "new friend" controlling conversations
Rapid changes to estate plans that contradict decades of intent
Your loved one being isolated from family before signing documents
Self-Assessment
Questions to Ask Yourself
- Did your loved one understand what they were signing?
- Were documents executed while they were heavily medicated or ill?
- Did someone else arrange the attorney, notary, or witnesses?
- Did the new documents benefit only one person?
- Did these changes occur shortly before death?
If so, the law gives you the right to challenge them.
Legal Framework
Legal Grounds for Challenging Lack of Capacity
These cases often involve:
Lack of Testamentary Capacity
The person did not understand their estate or decisions.
Undue Influence
Someone pressured or manipulated a vulnerable person.
Fraud or Forgery
Documents were falsified or misrepresented.
Breach of Fiduciary Duty
A trusted person exploited the situation.
Proving lack of competency requires medical records, witness testimony, financial timelines, and aggressive discovery — not assumptions or speculation.
Our Track Record
Why Clients Trust Us
We don't rely on sympathy. We build cases with evidence.
Attorney Kirk Sanders has:
- Proven lack of capacity in contested estate cases
- Invalidated fraudulent wills and transfers
- Recovered assets transferred from vulnerable individuals
- Held abusers accountable when families were told "there's nothing you can do"
Other attorneys across North Carolina regularly refer complex capacity and fiduciary cases to our firm because they know we are built for courtroom litigation — not quiet paperwork.
Take Action Now
Your Case. Your Rights. Your Fight.
If you believe a loved one was taken advantage of when they could no longer protect themselves, don't wait.
We will review the facts, explain your options, and fight to restore what was taken. We typically handle these cases on a contingency fee basis so we only get paid if we collect assets for our client.