1. Detailed Answer

Contesting a will in North Carolina often begins when heirs or interested parties suspect fraud, undue influence, improper execution, or questionable alterations. The process involves strict deadlines and clear legal grounds under North Carolina law. Below is a step-by-step look at how to challenge a will that may have been tampered with.

Grounds for Contest

You can contest a will on several bases. Common grounds include:

• Improper execution: North Carolina law requires that a will be signed by the testator in the presence of two competent witnesses. See N.C.G.S. § 31-6.
• Lack of testamentary capacity: The testator must understand the nature of the act, the extent of their property, and the natural beneficiaries. See N.C.G.S. § 31-8.
• Undue influence: If someone used pressure or manipulation to change provisions, you can challenge under N.C.G.S. § 31-9.
• Fraud or forgery: Allegations that someone fraudulently added language or forged signatures also support a contest.
• Revocation or alteration: A later valid will or codicil can revoke earlier ones. See N.C.G.S. § 31-15.

Procedural Steps

Follow these steps to bring your contest:

1. Gather evidence: Secure the original will, medical records, correspondence, and eyewitness statements.
2. File objections or a caveat: You must file a written objection with the clerk of superior court before probate or within the time allowed after the will is admitted. Under N.C.G.S. § 28A-2-1, you generally have 30 days from admission to challenge a will.
3. Serve parties: Serve the personal representative and all interested parties with your objection or petition.
4. Engage in discovery: You may request documents, depose witnesses, and secure expert opinions on handwriting or mental capacity.
5. Attend hearing or jury trial: The court will consider evidence, witness testimony, and legal arguments. You can request a jury trial in a will contest under court rules.
6. Obtain final order: If the court finds grounds exist, it will deny probate or revoke the will. Otherwise, the will remains effective.

Key Deadlines and Considerations

Act quickly. Missing a filing deadline usually ends your ability to contest. Always check the date the will was admitted in your county. A timely objection preserves your rights.

2. Quick Reference List

• Identify and document any suspicious changes or signatures.
• Confirm statutory execution requirements under N.C.G.S. § 31-6.
• Assess capacity issues per N.C.G.S. § 31-8 and undue influence under § 31-9.
• File your objection or caveat before the clerk or within 30 days of probate.
• Serve all interested parties and comply with discovery rules.
• Prepare for a hearing or jury trial in superior court.
• Secure a court order revoking the will if you meet the legal burden.

Ready to Protect Your Rights?

Contesting a will involves strict rules and tight deadlines. Pierce Law Group’s experienced probate attorneys guide you through every step. Contact us today to discuss your situation. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.