Will Challenges
Contesting the validity of a will in North Carolina courts with experienced legal representation
A will challenge, also known as a will caveat in North Carolina, is a legal proceeding where interested parties contest the validity of a Last Will and Testament. If you believe a will was executed under suspicious circumstances or fails to meet legal requirements, our experienced attorneys can help you navigate this complex area of estate law.
Common Grounds for Will Challenges
Lack of Testamentary Capacity
The testator did not have the mental capacity to understand the nature and extent of their property, the natural objects of their bounty, or the disposition being made at the time the will was executed.
Undue Influence
Someone exercised improper pressure or coercion over the testator, causing them to execute a will that does not reflect their true wishes. This often involves a confidential relationship and suspicious circumstances.
Fraud or Forgery
The will was procured through fraud, misrepresentation, or the testator's signature was forged. This includes situations where the testator was deceived about the contents of the document they were signing.
Improper Execution
The will fails to meet North Carolina's statutory requirements for execution, such as lacking proper witnesses, signatures, or other formal requirements mandated by state law.
The Will Challenge Process
Initial Consultation
We evaluate your case, review the will and supporting documents, and determine the viability of your challenge. Time is critical - North Carolina law has strict deadlines for filing a caveat.
Filing the Caveat
We file a formal caveat with the Clerk of Superior Court in the county where the will was admitted to probate. This stops the probate process and moves the case to Superior Court.
Discovery and Investigation
We conduct thorough discovery including depositions, medical records review, witness interviews, and document analysis to build a strong case for or against the will's validity.
Resolution
Cases may be resolved through negotiation, mediation, or trial. We prepare every case for trial while exploring settlement opportunities that serve your best interests.
Who Can Challenge a Will?
Not everyone has the legal standing to contest a will in North Carolina. You must be an "interested party" with a financial stake in the outcome. This typically includes:
- Heirs who would inherit under intestate succession laws
- Beneficiaries named in a prior will
- Individuals who would receive more under a prior will or intestacy
- Creditors of the estate in certain circumstances
Why Choose Our Firm?
Considering Challenging a Will?
Time is of the essence in will contest cases. North Carolina law imposes strict deadlines for filing a caveat. Contact us today for a confidential consultation to discuss your options.