What are the issues to be proven in a Will Contest case in NC?
It goes to trial there will be issues for only a jury to determine if executed according to formalities, and if so, then whether the testator lacked capacity or someone exerted undue influence to make the will.
The parties defending the probated will are called the propounder(s) of this writing. The propounder seeks to establish the writing as a valid will.
The challengers of the probated will are called the caveator(s). The caveator contests and challenges whether this writing is a valid will for certain legal reasons.
The writing at issue marked as propounder’s exhibit (The Probated Will in the will caveat).
The jury will hear evidence and decide certain issues in this case.
Typical Issues to be determined by a jury in a trial on a will contest:
Was the propounder’s exhibit (The Probated Will in the will caveat) executed according to the requirements of the law for a valid attested will?
If a Holographic Will ( a holographic will is a handwritten will): Was the propounder’s exhibit (The Probated Will in the will caveat) executed according to the requirements of law for a valid handwritten will?
Did the deceased lack sufficient mental capacity to make and execute a will at the time the propounder’s exhibit (The Probated Will in the will caveat) was executed? This is a competency question
Was the execution of the propounder’s exhibit (The Probated Will in the will caveat) procured by undue influence? In other words, did someone have such great influence and control over the testator/deceased, that he/she couldn’t think for himself/herself pertaining to the drafting of the will.
Was the execution of the propounder’s exhibit (The Probated Will in the will caveat) procured by duress? In other words, by threats or coercion.
Is the propounder’s exhibit (The Probated Will in the will caveat), and every essential part thereof, the will of (John Deadwood)?
See additional News on cases when there are more than one document purporting to be the last will and testament of the deceased. This may end up being a bifurcated trial.
If you are involved in a Will Contest case in North Carolina, whether challenging a last will and testament or defending a last will and testament,
CALL Kirk Sanders at 336-768-1515
