Who can challenge a will?

In North Carolina, anyone who has an interest in an estate has standing to bring a will contest. This includes beneficiaries, devisees, and potential heirs. A contest can be brought any time a will is being probated or it has already been probated. The parties that can challenge a will are classified into two categories: beneficiaries of the will and potential heirs. Beneficiaries listed in the will are allowed to challenge the validity of the will. They may bring a contest to the court if there are improper or suspicious signatures, if they feel the will was not validly executed, or if they feel the will was the product of fraud or undue influence. Potential heirs have standing to challenge a will as well. Potential heirs are defined as individuals who would have inherited from the will had the will not been probated or if it is deemed to be invalid. Examples of potential heirs include children of the deceased, a spouse from a marriage that was not mentioned in the will, or any other individuals entitled to inherit from the estate. Potential heirs can challenge a will if they feel the will was not correctly executed or was the result of fraud or undue influence. For example, they can contest the will if they feel the deceased had a mental impairment that stopped them from understanding the contents of the will or if they feel the deceased was coerced or tricked into signing the will. Ultimately, any individual who is affected by a will and feels that it was not validly executed has the standing to challenge it by filing a contest in North Carolina probate court.

Related FAQs

What is a death tax?
What is an inheritance trust?
What are the requirements for a valid will?
Can a will be changed after the testator has died?
How do I change the beneficiaries in a will?
What if I want to challenge the validity of a will?
What is a no-contest clause?
How do I execute a durable power of attorney?
What is probate and how does it work?
How do I calculate estate taxes?

Who can challenge a will?

Related FAQs

Related Blog Posts