What are the most common reasons a will can be challenged successfully? – North Carolina

Short Answer

In North Carolina, the most common successful grounds to challenge a will are (1) the will was not executed with the required legal formalities, (2) the person who signed the will lacked testamentary capacity at the time of signing, and (3) the will resulted from undue influence. Challenges are usually brought through a “caveat” proceeding, which moves the dispute into Superior Court. Timing matters, because a will admitted to probate in common form can remain open to challenge for a limited period.

Understanding the Problem

In North Carolina probate, the key question is: can an interested person challenge a deceased person’s will and have the court refuse to treat it as valid? This issue usually comes up after the will has been offered to the Clerk of Superior Court for probate and a family member or other beneficiary believes the document does not reflect the deceased person’s true intent. The decision point is whether there is a legally recognized reason to attack the will’s validity, rather than simply disagreeing with the will’s terms.

Apply the Law

North Carolina law requires a will to meet statutory execution requirements to be valid. If a will is admitted to probate and someone later claims the will is invalid, the usual method to challenge it is a caveat proceeding, which is handled as a Superior Court matter. In practice, the most common successful challenges focus on execution problems, lack of testamentary capacity at the time of signing, or undue influence that overrode the testator’s free choice.

Key Requirements

Noncompliance with will formalities: The will must comply with North Carolina’s statutory requirements for the type of will involved (for example, an attested written will versus a holographic will). If the required steps were not followed, the will can fail.
Lack of testamentary capacity: At the time of execution, the testator must have had enough mental ability to understand close family and other expected beneficiaries, understand what property was owned, understand the plan being made, and understand how the will would affect the estate.
Undue influence: The will must reflect the testator’s free and voluntary intent. A will can be set aside if a person with power over the testator used pressure or manipulation that effectively substituted that person’s wishes for the testator’s wishes.

What the Statutes Say

N.C. Gen. Stat. § 31-3.1 (Will invalid unless statutory requirements complied with) – A will is not valid unless it complies with North Carolina’s statutory requirements.
N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Allows a will to be made “self-proved” through sworn statements, which can streamline probate proof of execution.
N.C. Gen. Stat. § 31-10 (Interested witness) – An interested witness can still be a competent witness, but the gift to that witness (and certain related claims) can fail if there are not enough disinterested witnesses.
N.C. Gen. Stat. § 31-39 (Probate necessary to pass title; time limits affecting third parties) – Addresses when a probated will is effective to pass title and includes timing rules that can affect rights against certain third parties.
N.C. Gen. Stat. § 31-61 (Reformation to correct mistakes) – In limited situations, a court may reform ambiguous will terms to match the testator’s intent if proven by clear and convincing evidence and affected by mistake.

Analysis

Apply the Rule to the Facts: Here, an interested person wants to contest a will involving a deceased person’s estate in North Carolina. A successful challenge usually requires evidence that the will failed legal execution requirements, that the testator lacked testamentary capacity when the will was signed, or that someone exerted undue influence over the testator. The first step is identifying which ground fits the facts and what proof exists (witnesses, medical records, drafting circumstances, and the testator’s condition and relationships around the signing date).

Process & Timing

Who files: An “interested person” (often an heir or a beneficiary under a prior will). Where: The estate starts with the Clerk of Superior Court in the county with jurisdiction over the estate; a will contest is typically brought by filing a caveat, which is handled as a Superior Court proceeding. What: A caveat (will contest filing) that identifies the will being challenged and the grounds (for example, lack of capacity, undue influence, or improper execution). When: Often within three years after probate in common form; deadlines can be fact-specific and can change based on how the will was probated and what notices were given.
Early proof and burdens: The party offering the will generally must first show the will was executed with the required formalities. If that showing is made, the challenger typically must prove the alleged invalidity (such as lack of capacity or undue influence) by the greater weight of the evidence.
Resolution: The case may resolve by settlement or by a decision after evidence is presented. If the will is found invalid, the estate may pass under an earlier valid will or, if none applies, under North Carolina intestacy rules.

Exceptions & Pitfalls

“Unfair” is not a legal ground: A will can look harsh or surprising and still be valid if it was properly executed and reflected the testator’s free choice with adequate capacity.
Self-proved wills change the starting point: A self-proving affidavit can make it easier for the propounder to establish due execution, so challengers often need stronger evidence on capacity or undue influence rather than relying on missing-witness problems.
Interested witnesses can create partial problems: Under North Carolina law, an interested witness may still be competent, but the gift to that witness can fail if there are not enough disinterested witnesses. This can change the distribution without invalidating the entire will.
Confusing “construction” with “validity”: Disputes about what a valid will means (interpretation) differ from disputes about whether the will is valid at all. A will’s validity is typically attacked by caveat, not by a separate workaround filing.
Limited clerk authority to undo probate: Outside a caveat, the Clerk of Superior Court has only narrow power to set aside probate (for example, when a defect appears on the face of the probate record or the court was misled). Most substantive attacks belong in a caveat.

Conclusion

In North Carolina, the most common successful reasons to challenge a will are improper execution (failure to meet statutory formalities), lack of testamentary capacity at the time of signing, and undue influence that overrode the testator’s free choice. These disputes are usually raised through a caveat that proceeds in Superior Court after the will is offered for probate through the Clerk of Superior Court. The most important next step is to file a caveat in the proper county within the applicable deadline, often within three years after probate in common form.

Talk to a Probate Attorney

If a will is being questioned because of capacity concerns, undue influence, or possible execution problems, a probate attorney can help evaluate the strongest grounds for a caveat and the deadlines that apply. 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.