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.
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:
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.
Under North Carolina law, only “interested parties” have the right to contest a will. Interested parties include:
If you fall into one of these categories, you may proceed with filing a caveat.
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.
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:
Winning a will contest requires strong evidence. Depending on your grounds for contesting the will, relevant evidence may include:
The burden of proof lies with the person contesting the will, so thorough preparation is essential.
Once the case moves to Superior Court, both sides will present their arguments and evidence. The judge will evaluate the following:
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.
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.
When contesting a will in North Carolina, key legal statutes include:
Understanding these statutes can help you approach the legal process effectively, but working with an experienced probate litigation attorney ensures your rights are safeguarded.
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?
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.
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.
Shane T. Johnson is the CEO and Managing Partner of Johnson Legal, an estate planning and business law firm in Wilmington, NC. With years of experience in estate and business law, he has zealously represented clients in various legal matters, including small business formation and purchasing, estate planning, probate, domestic violence, and other legal cases.
Shane received his Juris Doctor from the University of Wyoming and is a member of the North Carolina Bar Association. He has received numerous accolades for her work, including being named among the Best Probate Lawyers in Wilmington by Expertise.com.
