Legal Question in Wills and Trusts in North Carolina

Disagreeing with the terms of the will is not a ground to contest the will. Nor does it mean that the will is invalid. To contest a will, the putative beneficiary must show that the will is either invalid or that there was fraud, undue influence or lack of testamentary capacity by the person making the will. Sometimes, there also can be an ambiguity of some kind in the language which makes the will open to challenge.

I suggest that you take the will to a probate attorney in the county/state where the person who died lived prior to death and pay the attorney to review the will. Tell the attorney why you wish to challenge the will and the attorney will advise you as to whether you meet the test for filing a will caveat.

You also have to evaluate (a) the likelihood of success; (b) the legal costs involved; and (c) if you succeed in getting the will kicked out or interpreted in your favor, do you stand to inherit and if so, is the amount of the inheritance going to be worth the legal costs?