1. Detailed Answer

When someone dies leaving a will that omits you as a beneficiary, North Carolina law allows you to challenge that will. To succeed, you must identify a legal defect in the document. Common grounds include lack of testamentary capacity, undue influence, fraud, forgery, improper execution and revocation. You must prove your case by clear, convincing or conclusive evidence once the proponent establishes due execution of the will. (See N.C. Gen. Stat. § 31-48.)

Testamentary Capacity

The testator must understand the nature and extent of their property, the natural objects of their bounty, and the legal effect of signing a will. If the testator lacked mental capacity at signing, the will is void. You can challenge capacity with medical records, witness testimony or evidence of dementia or severe illness.

Undue Influence

Undue influence occurs when someone uses excessive pressure to overpower the testator’s free will. You must show that the influencer had a confidential relationship with the testator, controlled their decisions, and that this control caused the omission. See N.C. Gen. Stat. § 31-5.2.

Fraud

Fraud arises if the testator signed under false statements about the document’s content or effects. You must prove a false representation, knowledge of its falsity, intent to deceive and reliance by the testator that caused financial or testamentary harm. See N.C. Gen. Stat. § 31-5.3.

Forgery and Improper Execution

If the signature is forged or the formal requirements are missing, the will is invalid. North Carolina requires a written will signed by the testator (or by another at the testator’s direction) in the presence of two competent witnesses. Both witnesses must sign in the testator’s presence and declare the instrument to be the testator’s last will. (See N.C. Gen. Stat. § 31-2.)

Revocation

A will may become void if the testator executed a later will or physically destroyed the document with intent to revoke. You can present the subsequent document or proof of physical destruction.

Burden and Standard of Proof

Once the proponent proves due execution, you carry the burden to prove the defect. North Carolina courts apply a clear, convincing or conclusive standard depending on the defect alleged. You will need strong evidence—medical records, witness affidavits, letters or other documents.

2. Key Points to Understand

• Testamentary Capacity: Testator must understand assets and heirs.
• Undue Influence: Must show control over the testator’s choices. (§ 31-5.2)
• Fraud: Testator relied on false statements. (§ 31-5.3)
• Execution Defects: Must have testator’s and two witnesses’ signatures. (§ 31-2)
• Forgery: A forged signature invalidates the will entirely.
• Revocation: Later will or physical destruction can nullify an earlier will.
• Proof Standard: Clear, convincing or conclusive evidence is required. (§ 31-48)

Conclusion & Call to Action

Contesting a will in North Carolina requires careful proof of specific legal defects. Identifying the right ground and gathering solid evidence can make the difference in court. Pierce Law Group’s attorneys understand the nuances of North Carolina probate law and can guide you through every step. Contact us today to discuss your case. Email us at intake@piercelaw.com or call (919) 341-7055.