Contesting a will can be difficult, as courts typically view this official document as the word of the individual who created it. Challenging the document is no easy feat, but it may be worth pursuing with the right reasons and legal team. If any of the following factors apply to your scenario, consider speaking with a lawyer to determine whether you should contest a will.
3 Grounds for Contesting a Will
1. Undue Influence
If you think someone coerced your loved one into writing their will a specific way, you could have a viable case. Undue influence can be challenging to prove, but if the influencer paid for the will to be made or isolated the deceased from their loved ones, a lawyer might be able to help you pursue legal action.
2. Lack of Witnesses
Laws for witnesses vary from state to state. For a written will to be considered valid in North Carolina, the testator must have signed and dated it in front of two adult witnesses. The witnesses must have also signed the document in the testator’s presence. If there is proof that there were no witnesses present, you could potentially challenge the terms of the will.
3. Updated Will
The most recent version of an individual’s will is what will carry in court. If the deceased’s executor is attempting to follow through on an old will and you believe that there’s a more recent version, consult with a lawyer to have the outdated version contested. Keep in mind that the updated document will need to be dated more recently for the other one to be considered void.
If you’re thinking about contesting a will in the Charlotte, NC area, turn to The Law Office of J. Baron Groshon. Serving Cabarrus and Rowan counties, this lawyer has more than 28 years of experience in wills and estate planning, and can help you navigate any legal complexities you’re facing. To schedule a consultation, call (704) 342-2876.