Can I Contest A Will In North Carolina?
Contesting a will in North Carolina is possible, but the process can be time-consuming and complicated. Heirs and beneficiaries may have qualms about the will because they have been left out or received a pittance of what they had expected.
The Law Offices of West & Smith, L.L.P., in Southern Pines is an experienced law firm that has a thorough understanding of estate administration and probate litigation. We can guide you through the legal process, answer your questions, provide pragmatic advice and pursue effective solutions.
Common Reasons For Challenging Wills
To challenge a will, you must be considered an “interested party” – someone who was named in the will or would have received an inheritance from a person who died without having a will.
In North Carolina, as elsewhere, the most common reasons for challenging a will include:
- Undue influence: Perhaps you suspect that the person who wrote the will was influenced by someone else and agreed to sign a questionable document or changed it under duress.
- Lack of capacity: People who sign wills must understand the details and be mentally competent when doing so if the testator suffered from mental incapacities such as dementia or Alzheimer’s disease.
- Improper execution: Wills must be created in compliance with North Carolina law. For example, at least two witnesses must sign the will for the document to be valid, unless it is hand-written.
Challenging a will can be an uphill battle, but successful results are achievable. Our skilled attorneys will work to the best of our abilities to secure a favorable outcome.
Practical Solutions, Free Consultations
A last will and testament can be challenged for several reasons in North Carolina. We can answer your questions about the practicality of challenging a will, pursue court action and seek results.