Discovery in Will Contests
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: medical records doctors notes...
Read MoreThe Sham Will – Will Contest Lawsuit
What is a Sham Will? Sounds kind of weird. Well, this attack that is challenging a last will and testament is based on the contention that the will was bogus, a fraud, a forged will. Bottom line: the caveators are claiming the will is a fake. Kirk Sanders litigated one such sham will (see copy-the names have been removed). This one was juicy (not a legal term). For starters, Sanders got hired right before a clerk of court hearing six months into the estate process. The clerk was hearing the case to determine the validity of the will based on the execution formalities. If you look at the...
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