What is being attacked in a Will Contest

Posted on Feb 5, 2015 in News

A Will caveat is an in rem proceeding. N.C. Gen. Stat. § 31-32. It is an attack upon the validity of the instrument purporting to be a will. The will and not the property devised is the res (or probated assets) involved in the litigation.

So when a caveator is contesting a will in NC, they are attacking the validity of the will, not the estate.

An attack on the estate, or interpretation of the will, is a different type of estate litigation case.

See also 1961 case, IN THE MATTER OF THE WILL OF SARA B. COX, Deceased

A will contest has to be filed within three years of the will being filed/probated.

Attorney Kirk Sanders has will contest/challenge experience for over 20 years.

Call Kirk today at 336-768-1515