Dec282025
Probate Q&A Series

What happens if my sibling files a newer will I believe is invalid due to capacity issues or undue influence? – North Carolina

Short Answer

In North Carolina, if a sibling offers a newer will for probate and there are concerns about dementia, lack of capacity, or undue influence, the main remedy is usually a will caveat filed with the Clerk of Superior Court in the estate file. A timely caveat transfers the dispute to Superior Court for a jury trial on whether the document is the decedent’s valid last will. A caveat can also restrict distributions from the estate while the case is pending, but the personal representative may still handle necessary bills and administration items under court supervision.

Understanding the Problem

In North Carolina probate, the decision point is whether an interested family member can challenge a newer will that a sibling “puts forward” as the decedent’s last will when there are concerns that the decedent lacked the mental ability to make a will or signed because of pressure from someone in a position of power. The question centers on what legal proceeding applies when a newer will is filed, which court handles the challenge, and what that challenge means for the administration of the estate while the dispute is unresolved.

Apply the Law

North Carolina treats a will contest as a specific type of proceeding called a caveat. The caveat challenges whether the paper offered is actually the decedent’s valid last will (often described as the single core question of whether it is the decedent’s will). The caveat is filed in the estate file with the Clerk of Superior Court, and then the matter is transferred to Superior Court for a jury trial. The most common grounds include lack of testamentary capacity (capacity to make a will) and undue influence (pressure that overcomes free choice).

Key Requirements

  • Standing (an “interested” person): The person filing the caveat must have a direct financial interest in the estate that would be affected if the newer will stands or falls (for example, someone who would inherit under an older will or under intestacy).
  • Timely filing: In most situations, a caveat must be filed at probate in common form or within three years after that probate. Different timing rules can apply if the will was probated in solemn form and properly served on interested parties.
  • Grounds supported by evidence: Common grounds include lack of testamentary capacity (ability to understand key facts at the time of signing) and undue influence (improper pressure). Capacity is judged at the time the will was signed, and undue influence is often proven through surrounding circumstances rather than a direct admission.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a recent death after years of dementia and a relative who held a power of attorney and controlled finances and decisions, which often raises questions about whether a later will reflects free choice. If a newer will is offered for probate, an interested family member who would take more under an older will (or under intestacy) may be able to file a caveat and ask a jury to decide whether the decedent had testamentary capacity when the newer will was signed and whether the newer will resulted from undue influence. Evidence often focuses on the decedent’s condition at the time of signing and the surrounding circumstances (who arranged meetings, who was present, changes from prior plans, isolation, and similar factors).

Process & Timing

  1. Who files: An interested person (often an heir or prior beneficiary). Where: The Clerk of Superior Court in the county where the estate is opened, filed in the decedent’s estate file. What: A written caveat to the probate of the will (often prepared as a civil pleading because it will be transferred to Superior Court). When: Generally at the time of common-form probate or within 3 years after the will is admitted to probate in common form.
  2. Transfer and party alignment: After the caveat is filed, the clerk transfers the matter to Superior Court for a jury trial. The caveat must be served on interested parties, and the court holds an alignment hearing so interested parties can be aligned with the caveators (challengers) or the propounders (supporters of the will). Timing and scheduling vary by county.
  3. Estate administration while pending: The clerk typically enters an order that restricts distributions to beneficiaries and restricts commissions to the personal representative while the caveat is pending. The personal representative can still preserve assets, file accountings, and pay certain expenses and claims, often using a notice-and-objection process for proposed payments.

Exceptions & Pitfalls

  • Solemn-form probate can cut off a later caveat: If the newer will was probated in solemn form and an interested party was properly served in that proceeding, that party can be barred from filing a later caveat. Timing becomes urgent if solemn-form probate is being pursued.
  • Capacity is not the same as “having dementia”: Dementia and diagnoses matter, but the legal question focuses on the decedent’s mental ability at the time the will was signed. People can have “good days and bad days,” so records, witness observations, and timeline detail often control.
  • Power of attorney facts help, but do not automatically prove undue influence: A principal/agent relationship can be a red flag in an undue-influence case, but the outcome often depends on the timing of the relationship, the opportunity and motive to pressure, and whether the will’s changes look unnatural compared to prior plans.
  • Self-proving documents and execution proof can raise the hurdle early: If the will includes a self-proving affidavit or strong witness proof, the propounder can often establish due execution quickly, shifting the fight to capacity and undue influence evidence.
  • Choosing the wrong proceeding can cost rights: In some situations, filing an action to reform or modify a will can bar a later caveat, so the strategy should be chosen carefully at the outset.

Conclusion

In North Carolina, if a sibling offers a newer will and there are serious concerns about dementia, capacity, or undue influence, the typical path is to file a will caveat in the estate file with the Clerk of Superior Court, which then sends the case to Superior Court for a jury trial on whether the will is valid. A caveat can also restrict distributions while the dispute is pending. The key timing issue is that a caveat generally must be filed within three years after common-form probate.

Talk to a Probate Attorney

If a family member has filed (or is about to file) a newer will and the facts raise concerns about capacity or undue influence, our firm has experienced attorneys who can help explain the caveat process, gather the right records, and protect key deadlines. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.