How to Contest a Will in North Carolina

When someone you love passes away, their will is supposed to honor their final wishes and guide how their estate is divided. But what if something doesn’t sit right with you? Maybe you feel the will doesn’t truly reflect what they wanted.

Whether it’s concerns about undue influence, fraud, or questions about their mental capacity, you have the right to take action. Contesting a will in North Carolina can help set things straight.

At Johnson Legal PLLC, we get it—this is a deeply emotional and often confusing process. That’s why we’re here to break it down for you. Let’s walk through the steps and legal details you need to know to protect your loved one’s intentions and your rights.

Can You Contest a Will in North Carolina?

The short answer is yes—but only under specific circumstances. In North Carolina, contesting a will involves filing a legal action called a “caveat” in the county’s probate court. To be successful, you must have valid grounds and provide compelling evidence to support your claim.

Common reasons to contest a will include:

• Lack of mental capacity: The testator (the person who made the will) lacked the mental capacity to understand the nature of their estate or the consequences of their decisions when signing the will.
• Undue influence: Another party improperly influenced the testator to alter the distribution of their assets.
• Fraud: The will was procured through deceit or misrepresentation.
• Improper execution: The will doesn’t meet North Carolina’s legal requirements for validity.

If you’re unsure whether you have valid grounds to contest a will, consult an experienced estate litigation attorney at Johnson Legal PLLC to evaluate your case.

Step 1: Determine Your Right to Contest the Will

Under North Carolina law, only “interested parties” have the right to contest a will. Interested parties include:

• Beneficiaries named in the will
• Heirs-at-law (individuals who would inherit under intestacy laws if no valid will exists)
• Creditors of the deceased person’s estate

If you fall into one of these categories, you may proceed with filing a caveat.

Step 2: Act Within the Statute of Limitations

Timing is critical when contesting a will. In North Carolina, you must file a will caveat within three years of the date the will is admitted to probate. Waiting too long can forfeit your right to challenge the will. Don’t delay—consult an attorney as soon as you suspect an issue with the will.

Step 3: File a Caveat in Probate Court

To contest a will, you must file a caveat with the Clerk of the Superior Court in the county where the will was admitted to probate. This legal document outlines your intent to challenge the will’s validity. Once filed:

• The court will notify all interested parties of your caveat.
• The Clerk of the Superior Court transfers the case to the Superior Court for formal litigation.

Step 4: Gather Evidence to Support Your Case

Winning a will contest requires strong evidence. Depending on your grounds for contesting the will, relevant evidence may include:

• Medical records: To demonstrate the testator’s lack of mental capacity at the time of signing.
• Witness statements: From individuals who observed the testator’s behavior or interactions with the alleged influencer.
• Financial records: To identify suspicious transactions or changes to the estate plan.
• Expert testimony: From handwriting analysts, medical experts, or probate litigation attorneys.

The burden of proof lies with the person contesting the will, so thorough preparation is essential.

Step 5: Attend the Superior Court Hearing

Once the case moves to Superior Court, both sides will present their arguments and evidence. The judge will evaluate the following:

• Whether the testator had the mental capacity to create the will
• Whether undue influence, fraud, or improper execution occurred
• Whether the evidence supports invalidating the will

If the court determines the will is invalid, the estate will be distributed according to North Carolina’s intestacy laws or a prior valid will if one exists.

Real-Life Example: Contesting a Will Based on Undue Influence

Let’s dive into a real North Carolina case that illustrates undue influence: In re Will of Jones (2015). Imagine this—William Jones, an elderly man, decided to revise his will just months before he passed away. In this new version, he left the bulk of his estate to a neighbor who had been helping him with errands and daily tasks. While this might seem generous at first glance, it raised red flags for his children, who had been included in his previous will.

The children believed their father was pressured during a vulnerable time in his life. They took the matter to court, arguing that the neighbor had exerted improper influence over him. To back up their claim, they presented medical records showing that Mr. Jones was dealing with cognitive decline. Friends and family also testified about how the neighbor had isolated him. In the end, the Superior Court agreed with the children, ruling that undue influence had occurred and invalidating the contested will.

What can you take from this? This case shows the importance of recognizing signs of undue influence and gathering solid evidence to protect a loved one’s true wishes. If you suspect something similar, acting quickly and seeking legal help can make all the difference.

Legal Statutes to Know

When contesting a will in North Carolina, key legal statutes include:

• N.C. Gen. Stat. § 31-32: Outlines the process for filing a will caveat.
• N.C. Gen. Stat. § 31-11: Defines the mental capacity required to execute a valid will.

Understanding these statutes can help you approach the legal process effectively, but working with an experienced probate litigation attorney ensures your rights are safeguarded.

How Can a Lawyer Help You Contest a Will?

Talking about contesting a will can feel like a big task, but having the right lawyer makes it far easier. Let’s break it down: how exactly can a probate litigation attorney help you?

• Understand Your Situation: A good lawyer will sit down with you, review your circumstances, and figure out if you have solid legal reasons to challenge the will. They’ll also gauge how strong your position is before moving forward.
• Gather the Evidence: Lawyers know where to look for key pieces of evidence, like medical records, witness statements, or expert testimony, that can make or break your case.
• Guide You Through the Process: The process has many steps—filing paperwork, appearing in court, and presenting evidence. A lawyer can handle the details and make sure everything is done properly.
• Speak Up for You: If your case goes to Superior Court, your lawyer will advocate for you, presenting your case clearly and persuasively to the judge.
• Simplify the Law: North Carolina’s probate laws can be tricky. An attorney who knows the ins and outs of statutes like N.C. Gen. Stat. § 31-32 and § 31-11 can help you navigate the legal requirements and apply them to your case.

With a knowledgeable attorney on your side, you’ll feel more confident and prepared to handle your will contest case. A strong legal partner can make all the difference.

Take Action Today

If you believe a loved one’s will doesn’t reflect their true wishes, it’s crucial to act promptly. Whether you’re concerned about undue influence, fraud, or capacity issues, Johnson Legal PLLC is ready to guide you. Our experienced attorneys are committed to helping you protect your loved one’s legacy.

Reach out today to schedule a consultation and begin securing the resolution you deserve.