Dec42025
Probate Q&A Series

Can I contest a will if the signer didn’t understand it, and what proof would I need? – North Carolina

Short Answer

Under North Carolina law, a will can be contested if the person who signed it did not have “testamentary capacity” — meaning they did not understand what they were signing, their property, or who should naturally receive it. This is done through a formal will contest (a “caveat”) in superior court. The challenger must prove lack of capacity by the greater weight of the evidence, usually with medical records, witness testimony, and other documents showing the signer’s mental state at the time of signing.

Understanding the Problem

The question is whether, under North Carolina probate law, a will can be challenged when the person who signed it did not truly understand what the will said or what it would do. This focuses on the signer’s mental ability at the moment of signing, not just general forgetfulness or age. The key concern is whether the signer in North Carolina had enough mental capacity to understand the nature of making a will, the property involved, and the people who would normally inherit. The question also asks what kind of proof courts look for when deciding if the signer lacked that understanding.

Apply the Law

North Carolina allows an “interested party” to challenge a will by filing a caveat if the testator (the person who made the will) lacked testamentary capacity when the will was signed. Courts start with a presumption that the testator had capacity, so the challenger must bring evidence to overcome that presumption. The case is tried in superior court, usually to a jury, and the main focus is the testator’s mental condition at the moment of execution.

Key Requirements

  • Capacity at the time of signing: The testator must, at the time of signing, be able to understand who their family or intended beneficiaries are, what property they own, and that the document disposes of that property at death.
  • Proof by greater weight of the evidence: The challenger must show, more likely than not, that this mental capacity was missing when the will was signed, using medical and non-medical evidence.
  • Proper procedure and timing: An interested party must file a formal caveat within the statutory time limits and in the correct court, and then follow the civil rules of evidence and procedure.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific facts given, consider two examples. In one, a testator with advanced dementia signs a new will leaving everything to a recent acquaintance, and medical records from that week show serious confusion and inability to recognize family; long-time friends and nurses describe similar behavior. That type of medical and lay testimony can support a finding that the testator did not understand the will or the natural objects of their bounty. In another case, a testator has a history of depression but clearly discusses assets, family members, and the plan with the drafting attorney and witnesses on the signing day; that evidence tends to show capacity even if the person had health issues.

Process & Timing

  1. Who files: An “interested party” (such as an heir or beneficiary under a prior will). Where: With the clerk of superior court in the North Carolina county where the estate is administered, by filing a written caveat in the estate file. What: A caveat that states the grounds, such as lack of testamentary capacity. When: Generally within three years after the will is probated in common form, with extra time for minors or certain persons adjudicated incompetent under N.C. Gen. Stat. § 31-32.
  2. After filing, the clerk issues notice and, under N.C. Gen. Stat. § 31-33, transfers the case to the superior court civil docket for a jury trial. The court holds a hearing to align parties (those supporting and opposing the will), and aligned parties may file responsive pleadings.
  3. During litigation, the parties use standard civil discovery tools to gather evidence: medical and hospital records, testimony from treating doctors and caregivers, statements from friends and neighbors about the testator’s behavior, prior wills, and the drafting attorney’s file. The case then proceeds to a jury trial, ending with a judgment either upholding the will or setting it aside (in which case an earlier valid will or intestacy rules may control).

Exceptions & Pitfalls

  • If the will was probated in solemn form with proper service on interested parties, those parties may be barred from later filing a caveat, even if they later gather more evidence of lack of capacity.
  • Because there is a legal presumption that the testator had capacity, especially where the will is self-proved with affidavits stating the testator was of sound mind, failing to gather strong medical and lay evidence can lead to dismissal or an adverse verdict.
  • A prior adjudication of incompetence creates a rebuttable presumption against capacity, but it does not automatically invalidate a later will; the other side can introduce evidence that the testator still met the specific testamentary capacity standards at the moment of signing.
  • Waiting too long and missing the three-year deadline to file a caveat, or first filing a different type of will-modification action that bars a later caveat, can close off the ability to challenge the will on capacity grounds.
  • Overlooking key witnesses, such as the drafting attorney, attesting witnesses, or long-term caregivers, can leave the court with an incomplete picture of the testator’s mental state at the critical time.

Conclusion

In North Carolina, a will can be contested if the signer lacked testamentary capacity, meaning they did not understand their property, their intended beneficiaries, or how the will would affect their estate at the time of signing. The challenger must prove this lack of understanding by the greater weight of the evidence, typically through medical records and witness testimony focused on that day. Anyone considering such a challenge must file a caveat with the clerk of superior court within the statutory three-year window after probate.

Talk to a Probate Attorney

If a North Carolina estate involves a will that may have been signed by someone who did not understand what they were doing, our firm has experienced probate attorneys who can help explain the options, deadlines, and evidence needed to move forward. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.