Short Answer

In North Carolina, you prove lack of capacity by showing the signer could not meet at least one of the four capacity elements at the moment of signing. You prove undue influence by showing the signer was susceptible, the beneficiary had opportunity and a disposition to exert pressure, and the result reflects that influence. Challenges are brought by filing a caveat, which moves the case to Superior Court for a jury. Deadlines and procedures apply.

Understanding the Problem

In North Carolina probate, can you challenge a will by showing your parent either lacked legal capacity or signed because of someone else’s undue influence? Here, your parent allegedly signed an online will while hospitalized, and you question whether medication, circumstances, or another person’s involvement affected the decision.

Apply the Law

North Carolina requires that a will be properly executed and not the product of a lack of testamentary capacity or undue influence. Testamentary capacity at signing means the person knows: the natural objects of their bounty (close family), the kind and extent of their property, how the will works, and the effect the will has on their estate. Undue influence means the document reflects another person’s will, shown by susceptibility, opportunity, disposition to influence, and a result indicating substitution of will. Will contests (caveats) are tried to a jury in Superior Court after filing with the Clerk of Superior Court. A three-year limitations period generally runs from probate in common form, and shorter timing applies if a solemn-form hearing is noticed. Original signatures and attesting witnesses are required for attested wills; an “online” will that lacks original signatures and two witnesses generally does not satisfy North Carolina execution rules.

Key Requirements

• Capacity at signing: Show that at the moment of execution the signer could not identify close family, understand their property, understand how the will operates, or grasp its effect.
• Undue influence: Show susceptibility, the beneficiary’s opportunity and disposition to influence, and a resulting will that reflects that influence (for example, abrupt departures from prior plans or exclusion of expected heirs without explanation).
• Due execution matters: An attested will must have the testator’s original signature and two competent witnesses; a purely electronic “online” execution is not sufficient unless the paper was properly signed and witnessed.
• Burdens of proof: After the proponent shows proper execution, you must prove lack of capacity or undue influence by the greater weight of the evidence; the case is decided by a jury in Superior Court.
• Timing and forum: File a caveat with the Clerk of Superior Court within three years after probate in common form, or raise the issue before a scheduled solemn-form hearing.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written wills) – Requires the testator’s signature and at least two witnesses.
• North Carolina Gen. Stat. § 28A-2A-8 (Proof of attested wills) – Addresses how an attested will is proved; self-proved wills streamline probate.
• North Carolina Gen. Stat. § 31-32 (Caveat: who may file; time limits) – Sets who can file and the three-year period (with tolling for certain disabilities).
• North Carolina Gen. Stat. § 28A-2A-7 (Solemn-form probate; transfer) – Requires raising validity issues before the hearing and transfers the case for trial.

Analysis

Apply the Rule to the Facts: Hospitalization and medication near the signing date are relevant to capacity, but you still need specific proof that, at signing, your parent could not identify family, understand property, or comprehend the will’s effect. Medical records, nurse notes, medication administration records, and testimony from treating clinicians and neutral observers are key. For undue influence, look for who arranged the will, controlled access, or stood to benefit; a sudden exclusion of a child and grandchild may be a factor, especially if a relative coordinated the will and filed it. An “online” will that lacks original signatures and two witnesses may not meet North Carolina execution rules, which also affects capacity and influence analysis. If you suspect a forged signature, obtain the original document, compare signatures, and consider a handwriting examiner and digital metadata about when and how the document was created.

Process & Timing

1. Who files: An interested person (such as a disinherited heir). Where: File a caveat with the Clerk of Superior Court in the county where the will was probated. What: A written caveat initiating a will contest; attach the estate caption and identify the challenged will. When: Within three years after probate in common form, or before the court’s hearing if the will is proceeding in solemn form.
2. After filing, the Clerk transfers the case to Superior Court for a jury trial. While the caveat is pending, the Clerk typically orders the personal representative not to distribute estate assets and to preserve property; routine bills and filings may be allowed with notice and court approval. Discovery follows: subpoena medical records, depose witnesses, obtain device logs and document metadata, and gather prior wills.
3. The jury decides whether the paper is the decedent’s will. The Superior Court enters judgment admitting or setting aside the will and returns the matter to the Clerk to administer the estate under that judgment.

Exceptions & Pitfalls

• A self-proved will streamlines proof of execution; you still may challenge capacity or undue influence, but plan for stronger evidence.
• Undue influence requires more than persuasion or kindness; focus on control, isolation, procurement, and an unnatural result.
• Do not delay: a solemn‑form proceeding with notice can cut off later challenges if you do not timely object.
• Purely electronic “online” signatures are not a substitute for original signatures and two witnesses in North Carolina.
• Capacity differs from general incompetency standards; even someone under guardianship can have capacity at a moment in time, but the presumption may be against it and must be rebutted with concrete evidence.

Talk to a Probate Attorney

If you’re dealing with a disputed will or questions about capacity or undue influence, our firm has experienced attorneys who can help you understand your options 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.