Jan82026
Probate Q&A Series

How do I challenge a will if I believe my relative had dementia and wasn’t mentally able to change it? – North Carolina

Short Answer

In North Carolina, a will is usually challenged by filing a caveat, which is the formal will-contest process. A dementia diagnosis alone does not automatically invalidate a will; the key question is whether the person had testamentary capacity at the time the will (or codicil) was signed and whether the change was the result of undue influence. In most cases, a caveat must be filed within three years after the will is admitted to probate in common form, so timing matters.

Understanding the Problem

In North Carolina probate, the single decision point is: can a will change be set aside because the person who signed it had dementia and was not mentally able to make that change? This question usually comes up after a death when a family member believes the will was changed late in life, the change reduced an expected inheritance, and the person who signed the will may not have understood what they were doing at the time.

Apply the Law

North Carolina law generally presumes an adult has the mental ability to make a will. A will contest focuses on whether the person had testamentary capacity at the moment of signing and whether the will was the product of the person’s free choice rather than pressure or manipulation. The usual forum is a caveat proceeding connected to the estate file, and it is handled in the Superior Court system (the Clerk’s office is involved for filing and estate administration, but a caveat is not decided as a routine clerk-administered estate matter).

Key Requirements

  • Standing (being an “interested party”): The person challenging the will must have a real stake in the outcome (for example, someone who would inherit under an earlier will or under intestacy if the challenged will is set aside).
  • Lack of testamentary capacity at signing: The evidence must show that, when the will change was executed, the person did not understand key basics such as close family relationships, what property they owned in a general sense, and what the will was doing to their estate plan.
  • Undue influence (if alleged): The evidence must show the will change resulted from improper influence—typically focusing on whether the influencer had the chance to pressure, had a motive, acted in ways consistent with pressure, and the final will looks like the product of that pressure.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the concern is that the decedent had dementia and that another relative influenced a will change that reduced what the caregiver-relative expected to receive. Under North Carolina’s will-contest framework, the key factual questions become (1) what the decedent’s mental functioning was on the signing date (not just generally), and (2) whether the other relative’s involvement crossed the line from ordinary help into pressure that overrode the decedent’s free choice. Evidence often centers on medical records around the signing date, witness observations, and how the will change compares to the decedent’s prior plan.

Process & Timing

  1. Who files: An interested party (often someone who would benefit if the challenged will is invalid). Where: The Clerk of Superior Court in the county where the estate is opened (filed in the decedent’s estate file), with the caveat proceeding handled in the Superior Court system. What: A “caveat” filing that identifies the will being challenged and the grounds (commonly lack of testamentary capacity and/or undue influence). When: Typically within three years after the will is admitted to probate in common form.
  2. Early case steps: The court sets the matter up as a contested case. The parties usually exchange information and take sworn testimony (discovery). Common targets include the drafting attorney’s file (if any), the witnesses/notary, medical providers, and anyone involved in arranging the signing.
  3. Decision: If the will is upheld, the estate continues under that will. If the will is set aside, the estate may proceed under a prior valid will (if one exists) or under North Carolina intestacy rules, depending on what the court determines is valid.

Exceptions & Pitfalls

  • Dementia is not the same as incapacity: A person can have dementia and still have a “good day” with enough understanding to sign a valid will. The focus is the person’s mental ability at the time of execution.
  • Self-proving paperwork can change the starting point: If the will includes a self-proving affidavit, the propounder may rely on it to show due execution, which can make the contest more evidence-driven on capacity and influence rather than technical signing defects.
  • Undue influence often turns on patterns, not one event: Courts commonly look at opportunity, motive, and whether the outcome looks unnatural compared to prior plans. Ordinary caregiving or helping with errands is not automatically undue influence.
  • Choosing the wrong type of case: In some situations, filing an action to “reform” or “modify” a will can affect the ability to later file a caveat. Strategy should be chosen carefully at the start.
  • Delay can create practical problems: Even if a filing is still timely, assets may be distributed during administration. Early legal action can be important to preserve evidence and address administration issues.

Conclusion

In North Carolina, challenging a will based on dementia usually means filing a caveat and proving the decedent lacked testamentary capacity at the time the will change was signed and/or that the change resulted from undue influence. The typical deadline is three years after probate in common form, and the case is handled through the Superior Court system connected to the estate file. The next step is to file a caveat with the Clerk of Superior Court in the estate county before the deadline.

Talk to a Probate Attorney

If a will was changed late in life and there are concerns about dementia or family pressure, our firm has experienced attorneys who can help evaluate the records, identify the right grounds, and protect 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.