Jan102026
Probate Q&A Series

How can I contest a will that cuts me out if I believe my sibling used a power of attorney to influence it? – North Carolina

Short Answer

In North Carolina, the usual way to contest a will is to file a caveat in the decedent’s estate file with the Clerk of Superior Court. A power of attorney does not let an agent change a will, but it can matter because an agent’s control over the decedent can support an undue influence claim. In most cases, a caveat must be filed within three years after the will is admitted to probate, and earlier action is often important if probate is moving forward.

Understanding the Problem

In North Carolina probate, the single decision point is whether there is a legal basis to challenge a will that disinherits a family member when a sibling held a power of attorney and may have been involved in arranging or pushing through a will change. The focus is not whether the will feels unfair, but whether the will was validly made and reflected the decedent’s free choice at the time it was signed. The practical starting point is confirming what was filed with the Clerk of Superior Court and whether the estate is already open.

Apply the Law

North Carolina law allows an “interested” person to challenge (contest) a will by filing a caveat with the Clerk of Superior Court in the county where the estate is being administered. A caveat is the formal procedure that puts the will’s validity in dispute. Common legal grounds include undue influence (pressure or control that overpowered the decedent’s free will) and lack of testamentary capacity (the decedent did not have the mental ability required to make a will at the time of signing). A power of attorney does not authorize the agent to make or change a will, but the agent’s role can be an important fact when evaluating undue influence, especially if the agent controlled access, finances, transportation, or communications.

Key Requirements

  • Standing (right to file): The challenger must be an “interested” person in the estate (for example, someone who would inherit under an earlier will or under intestacy if the challenged will is set aside).
  • Timely caveat in the correct forum: The caveat must be filed in the decedent’s estate file with the Clerk of Superior Court, usually within the statutory time window after probate.
  • Legal grounds supported by evidence: The challenge must be based on recognized grounds such as undue influence or lack of capacity, supported by facts like dependency, isolation, a sudden change from prior plans, or the beneficiary’s involvement in getting the will signed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a will surfaced that disinherits one sibling and leaves the estate to another, and the favored sibling allegedly held a power of attorney and may have arranged the will change. Those facts commonly point to an undue influence theory, because a power-of-attorney relationship can overlap with control over daily life, finances, and access to the decedent. The next step is to confirm what was filed in the estate file (the will, the probate application, and any notices) and then evaluate whether the evidence supports a caveat based on undue influence and/or capacity at the time the will was signed.

Process & Timing

  1. Who files: An interested person (often a disinherited heir or prior beneficiary). Where: The Clerk of Superior Court in the county where the estate is opened (the decedent’s estate file). What: A caveat filed in the estate file, along with any required filings and fees under local clerk procedures. When: Often at probate or within three years after the will is probated in common form; earlier filing can matter if the estate is moving toward distributions.
  2. Gather proof early: Obtain copies of the probated will and related filings from the estate file, identify prior wills if any, and collect records that show the decedent’s condition and the sibling’s involvement (medical records, caregiver notes, facility logs, communications, and information about who contacted the drafting attorney and who was present at signing).
  3. Litigation track: Once a caveat is filed, the dispute becomes a formal will contest process with court-managed steps (pleadings, discovery, and potentially mediation and trial). The outcome is typically a ruling on whether the challenged will stands or is set aside.

Exceptions & Pitfalls

  • Power of attorney is not the same as will authority: A power of attorney generally does not allow an agent to make or change a will, so the claim usually focuses on undue influence or capacity, not “the agent signed the will.”
  • Timing and “solemn form” risk: If the will is probated in a way that properly serves interested parties in solemn form, certain parties may be barred from later filing a caveat. Acting quickly helps avoid being boxed out by procedure.
  • Evidence is usually circumstantial: Undue influence is rarely proven by a single document. Courts often look at patterns such as dependency, isolation from other family, a sharp change from prior plans, and the beneficiary’s role in procuring the will (for example, selecting the lawyer, transporting the decedent, controlling who attended, or keeping the will secret).
  • Do not confuse the will contest with other claims: A caveat challenges the will’s validity. Separate claims may exist about misuse of a power of attorney during life, but they follow different procedures and remedies.

Conclusion

In North Carolina, contesting a will that disinherits a sibling typically requires filing a caveat in the decedent’s estate file with the Clerk of Superior Court and proving a recognized ground such as undue influence or lack of capacity. A sibling’s power of attorney can be a key fact because it may show control and opportunity to pressure the decedent, even though it does not authorize changing a will. The most important deadline is often three years from probate in common form; the next step is to obtain the estate file and file a caveat before the deadline.

Talk to a Probate Attorney

If a will disinherited a family member and there are concerns that a sibling used a power of attorney relationship to influence the outcome, our firm has experienced attorneys who can help explain options, evidence to gather, and timelines. 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.