How do I fight a will contest where a relative claims the person who died wasn’t in their right mind? – North Carolina

Short Answer

In North Carolina, a will contest is usually handled through a “caveat” filed in the clerk of superior court’s estate file. To fight a claim that the person who died lacked capacity, the focus is on evidence of the person’s mental ability at the time the will was signed—especially testimony from the attesting witnesses, the drafting attorney (if any), and medical or caregiving records tied closely to the signing date. A properly executed will (and especially a self-proved will) can make it harder for the challenger to win, but capacity can still be litigated.

Understanding the Problem

In a North Carolina probate dispute, can the will’s beneficiary defend the will when a relative claims the person who died was not in the right state of mind when the will was signed? The decision point is whether the evidence shows the person had enough mental ability at the moment of signing to make a valid will, even if there were good days and bad days. The issue usually comes up after the will is submitted to the clerk of superior court for probate and someone challenges it in the estate file.

Apply the Law

North Carolina law generally requires that an attested written will be signed by the person making the will (or signed for them at their direction) and witnessed by at least two competent witnesses. A will can also be made “self-proved” through a notarized acknowledgment and witness affidavits, which streamlines proof of execution in probate. A challenge based on mental capacity is typically raised through a caveat proceeding, and the court’s attention is on capacity at the time of execution—not weeks earlier or later unless that evidence helps show the person’s condition on the signing date.

Key Requirements

  • Proper execution: The will must meet North Carolina’s signing and witnessing rules for an attested written will (or another recognized form). If the will was not executed correctly, the contest may succeed even without strong capacity evidence.
  • Capacity is judged at signing: The relevant question is the person’s mental ability when the will was executed. Evidence is strongest when it is close in time to the signing and tied to what the person understood and could communicate.
  • Proof is evidence-driven: The most persuasive proof often comes from neutral sources (attesting witnesses, medical providers, caregiving notes, and contemporaneous documents) rather than family opinions formed during conflict.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the will leaves the estate to the beneficiary, and a relative is attacking the will by claiming the decedent was not in the right state of mind. The defense usually starts by locking down the “proper execution” proof (the signed original will, witness identities, and any self-proving affidavit) and then building a timeline focused on the signing date. The strongest response typically uses neutral, contemporaneous evidence showing the decedent could understand what they were signing and could communicate consistent wishes at that time.

Process & Timing

  1. Who files: The challenger files the caveat; the will’s proponent (often the named executor or primary beneficiary) responds and defends the will. Where: The clerk of superior court in the county where the estate is administered (the decedent’s estate file). What: A caveat filed in the estate file, followed by pleadings and case management steps set by the court. When: Generally, a caveat may be filed at probate or within three years after probate in common form, with limited extensions for certain disabilities.
  2. Evidence phase: The parties gather and exchange evidence. In a capacity fight, this often includes subpoenas for medical records, facility records, and pharmacy records near the signing date; interviews or depositions of the attesting witnesses; and collection of the decedent’s contemporaneous writings and communications.
  3. Hearing or trial: The dispute is decided based on admissible evidence. Witness credibility matters, and testimony from people who observed the decedent at or near the signing date often carries significant weight.

Exceptions & Pitfalls

  • Confusing “unfair” with “invalid”: A will can be upsetting or unexpected and still be valid. The contest turns on legal validity (including capacity at signing), not whether the distribution seems fair.
  • Not focusing on the signing date: Capacity evidence is most useful when it is tied closely to the execution date. General statements like “there were memory issues” often matter less than records and witnesses from the week (or day) of signing.
  • Ignoring execution proof: Even when the fight is about mental capacity, the defense should still prove the will was properly signed and witnessed under North Carolina law. A self-proving affidavit can help streamline execution proof, but it does not automatically end a capacity challenge.
  • Relying only on family opinions: Family testimony can help, but courts often give more weight to neutral sources (attesting witnesses, medical providers, and contemporaneous records) when family relationships are strained.
  • Missing notice/service steps: Caveat proceedings have procedural requirements, and mistakes in filing, service, or deadlines can weaken the defense or create avoidable delays.

Conclusion

To fight a North Carolina will contest claiming the decedent was not in the right state of mind, the defense should center on proof that the will was properly executed and that the decedent had sufficient mental ability at the time of signing. The most persuasive evidence is usually neutral and contemporaneous, such as attesting-witness testimony and medical or caregiving records close to the execution date. A key timing issue is that a caveat is often allowed within three years after probate in common form, so the next step is to confirm the probate date and file status in the clerk of superior court’s estate file.

Talk to a Probate Attorney

If a relative is challenging a will by claiming the person who died lacked capacity, our firm has experienced attorneys who can help explain the caveat process, gather the right evidence, and track the deadlines. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.