What Is a Will Contest?

A will contest occurs when someone legally challenges the validity of a deceased person’s will. In North Carolina, wills must meet specific requirements under N.C. Gen. Stat. § 31-1.1 to be valid. Contesting a will can result in it being partially or fully invalidated, or certain provisions being modified to reflect the decedent’s true intentions.

Common Grounds for Contesting a Will in North Carolina

  1. Lack of Testamentary Capacity
    The decedent must have understood the nature and extent of their property and the effect of the will at the time it was signed.
  2. Undue Influence
    If someone coerced or manipulated the decedent into signing the will, it may be invalidated.
  3. Fraud or Forgery
    A will obtained through deception, or one that has been forged, is contestable.
  4. Improper Execution
    North Carolina law requires the will to be signed by the testator and witnessed by at least two competent witnesses.
  5. Revocation
    A prior will may have been revoked, intentionally destroyed, or replaced by a subsequent will, creating potential disputes.

The Will Contest Process in North Carolina

  1. Filing a Petition
    A contest is filed in the probate court of the county where the will is being probated. Only certain parties, such as heirs or beneficiaries, have standing.
  2. Discovery and Evidence
    Both sides may gather evidence, including witness statements, medical records, and expert testimony, to support their claims.
  3. Mediation or Settlement
    Many disputes are resolved outside court through negotiation or mediation to save time, expense, and family conflict.
  4. Trial
    If unresolved, the case proceeds to trial, where a judge or jury determines the will’s validity based on the presented evidence.

Time Limits for Contesting a Will

North Carolina law generally requires that a will contest be filed within six months after the will is admitted to probate. Acting promptly is essential to preserve your rights.

Why You Need an Experienced Probate Attorney

Will contests involve complex legal and evidentiary issues. An experienced attorney can:

  • Evaluate whether a contest is likely to succeed
  • Guide you through filing and court procedures
  • Gather and present evidence effectively
  • Negotiate settlements when possible
  • Protect your rights throughout the litigation

Final Thoughts

Will contests are often emotionally and financially challenging, but they are sometimes necessary to ensure that a decedent’s true intentions are honored. Understanding the legal grounds, deadlines, and process is critical to protecting your interests.

At Lohr Law Firm, we help clients across North Carolina navigate will contests, offering knowledgeable and compassionate representation through every step of the process.

Contact Lohr Law Firm today at (919)348-9211 or evan@lohrnc.com to schedule a consultation and safeguard your rights in a North Carolina probate dispute.