Will Caveats (Will Contests) in North Carolina
When questions arise about the validity of a loved one's Last Will & Testament, emotions run high — and the stakes can be life-changing. That's when you need a firm that knows how to fight and win.
Our focus is clear: we litigate Will Caveats, Estate Disputes, and Fiduciary Abuse cases across North Carolina. Led by Kirk Sanders, an experienced estate litigation attorney, we represent both Caveators (those challenging a will) or Propounders (those defending one) in high-stakes estate & trust disputes.
What Is a Will Caveat?
A Will Caveat (also known as a Will Contest or Will Challenge) is a Superior Court lawsuit in North Carolina. It's filed when someone believes that the Last Will & Testament admitted to probate is invalid — meaning it doesn't reflect the true intent of the deceased.
Once a caveat is filed, the Clerk of Court suspends the estate proceedings and transfers the case to Superior Court, where the dispute is litigated before a judge and jury.
The parties align as:
- Caveator – the person challenging the will.
- Propounder – the person defending the will.
This process determines whether the document in question is truly valid — or whether it should be set aside.
Common Reasons to Challenge a Will
You may have legal grounds to contest a will if:
If any of these apply, the will may be invalid — and you may have a rightful claim to the estate under North Carolina Intestate Succession laws or a prior valid will.
Questions to Ask Yourself
- •Was the testator isolated or under someone's control before signing the will?
- •Was the will prepared by a random attorney, or downloaded online?
- •Were you named in a prior will but left out of the new one?
- •Does the timing or content of the will seem suspicious or out of character?
- •Has an executor failed to account for estate assets or distributed them unfairly?
If you're answering yes to any of these, it's time to get experienced legal help.
Grounds for Challenging a Will
Testamentary Capacity
Did the testator have the mental understanding to know what they owned and who their natural heirs were?
Undue Influence
Was the testator pressured, manipulated, or coerced into signing a will that benefits someone else unfairly?
Failure of Execution
Did the will meet North Carolina's strict legal requirements for signing and witnessing?
Fraud
Was the will signed or altered through deception?
Sham Will
Was the document completely fake — a forgery, or not signed by the deceased?
Breach of Fiduciary Duty / Estate Misadministration
Did an executor mishandle, take, lose, or steal assets? Fail to account for assets? Or act in his or her own self-interest?
Each of these issues requires experienced litigation, detailed evidence collection and evaluation, and strategy. That's what we do best.
Why Clients and Attorneys Choose Us
We've spent decades litigating will contests, trust disputes, and estate misadministration cases across North Carolina — and winning them. Our firm has secured dismissals, summary judgments, and verdicts in favor of both caveators and propounders.
Attorney Kirk Sanders has successfully:
- Overturned fraudulent wills that cut out rightful heirs.
- Defended multimillion-dollar estates from challenges.
- Located millions of dollars in missing, secreted, and unreported assets.
- Represented clients in cases involving undue influence, incapacity, and fraud.
- Uncovered breaches of fiduciary duty and forced proper distributions.
Other attorneys frequently refer us their complex estate cases because they trust our experience, litigation process, and results. We honor referral and co-counsel fee agreements under North Carolina Bar rules.
Your Case. Your Rights. Your Fight.
If you believe a last will and testament is invalid — or if someone is attacking a will you know was executed properly — we're ready to take action for you.
These cases are not easy. They require persistence, experience, and a strategy built to win.
We'll evaluate your claim, explain your options, strategize, and stand up for you every step of the way.