What if I want to challenge the validity of a will?

In North Carolina, if you want to challenge the validity of a will, you must file a legal complaint or “action” in the county where the decedent resided at the time of death. The complaint must allege that the will was invalid, either because it was not properly executed or because the deceased lacked testamentary capacity. You must identify yourself as either an executor, beneficiary, or other interested party in the will’s execution. The complaint must also establish the elements necessary to prove that the will is invalid. These elements include, but are not limited to: the will was not signed in accordance with North Carolina law, the will was procured by fraud or undue influence, or the deceased lacked the mental capacity to understand what they were signing. The court will then appoint a fiduciary, usually an attorney, to represent the deceased party and investigate the validity of the will. The attorney will review the will and any other evidence presented, and may interview witnesses to determine the truthfulness of the allegations. Once the evidence is reviewed, the court will make a decision on the validity of the will. If the will is found to be invalid, the court will issue an order declaring the will null and void. The assets in the decedent’s estate then become the property of the state, and will be distributed according to the laws of intestacy. It is important to understand that challenging a will is a serious undertaking, and should not be done without consulting an attorney. An experienced lawyer will be able to provide you with the best advice on how to proceed, and will guide you through the complex legal process.

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What if I want to challenge the validity of a will?

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