What's a Caveat?

A Will Caveat, also known as a Will Contest, is a legal challenge to the validity of a Last Will and Testament in North Carolina.

Understanding Will Caveats

When someone files a will caveat in North Carolina, they are formally objecting to the probate of a will. This legal action moves the case from the Clerk of Court to Superior Court, where it will be heard before a judge or jury.

Common Grounds for Filing

• Lack of testamentary capacity
• Undue influence on the testator
• Fraud or forgery
• Improper execution of the will
• Revocation of the will

The Legal Process

Once a caveat is filed, parties align as either challengers (caveators) or defenders (propounders) of the will. The case proceeds through discovery, depositions, and potentially to trial. North Carolina law provides specific timelines and procedures that must be followed.