Legal Question in Wills and Trusts in North Carolina

There are 6 heirs to a will, 3 heirs had little are no contact with to deceased. Can the other three contest the will having the other 3 removed?


Asked on 8/21/13, 11:49 am

1 Answer from Attorneys

No. Contact or lack of contact by heirs means nothing. And even if the will is contested, what would happen? It would not result in the 3 heirs not getting anything. Will can only be challenged on certain grounds like fraud or undue influence or lack of capacity by the testator. Lack of contact by the heirs is not one of the grounds and its not your call if you are one of the heirs. The testator made the will and it was his/her choice how his/her property was to be distributed not yours. The testator could have disinherited the 3 heirs with whom he/she had no contact if he wanted to. He/she did not so its not up to you to do it now.

If a will contest would be brought and would be successful, the effect would be to toss out the will of the testator and his/her assets would be distributed to the heirs under the intestacy laws, which may or may not include you and the other 3 heirs unless you could come up with a reason that they should be disqualified from inheriting (their are very limited grounds for this and again, lack of contact is not one of the grounds).

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Answered on 8/21/13, 10:47 pm


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