How Can I Challenge a Will That Leaves Biological Children Out in Favor of Stepchildren?

1. Detailed Answer

If a close relative disinherits you in favor of stepchildren, North Carolina law offers several ways to contest the will. You may rely on the pretermitted child statute, allege undue influence or lack of capacity, or point out formal defects in execution. Below is an overview of each path under North Carolina law.

Pretermitted Child Rights

North Carolina’s pretermitted child statute (N.C. Gen. Stat. § 31-16) protects children born or adopted after a will is signed. If you qualify as a pretermitted child, the court treats you as if the testator died intestate. To succeed, you must show:

• The will makes no provision for you or offers less than your intestate share.
• You are a biological or legally adopted child born after the will’s execution.

If the court finds the omission accidental, it awards you an equal share with any siblings.

Undue Influence and Lack of Capacity

You may challenge the will if the testator lacked mental capacity or acted under another person’s improper pressure. To prevail, you must prove:

• The testator did not understand the nature and extent of their property or the natural beneficiaries.
• A dominant individual exercised undue influence to shape the document’s terms.

Gather medical records, witness testimony and other evidence showing incapacity or coercion.

Formal Execution Defects

North Carolina law requires a valid will to be in writing, signed by the testator, and witnessed by at least two competent adults (N.C. Gen. Stat. § 31-1.3). If the will lacks a proper signature or witness attestations, a judge may rule it invalid.

No-Contest Clauses

Some wills include clauses that disinherit beneficiaries who challenge the document. North Carolina enforces these only if the challenge lacks probable cause. If you prove undue influence or incapacity, you can avoid the penalty.

2. Key Points to Guide Your Challenge

• Deadlines: File an objection during probate or within the statutory time limit.
• Standing: Only heirs or interested parties can contest a will.
• Evidence: Collect medical records, emails, letters and witness affidavits.
• Procedure: Petition the clerk of superior court where the will is filed.
• Possible Outcome: As a pretermitted child, you may receive an intestate share equal to other heirs.

Take Action Today

If you face disinheritance under North Carolina law, turn to Pierce Law Group for clear guidance and strong advocacy. Our attorneys know the statutes, the deadlines and the evidence you need. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.