Legal Question in Wills and Trusts in North Carolina

Regardless of whether you leave them in or out, they can always contest your will. To contest a will successfully, your children must show either that you lacked sufficient testamentary capacity (you did not know what you owned and who would be your natural beneficiaries) or that the will was the product of undue influence or fraud.

That said, I always suggest a simple solution of making reference to your children (this shows the court that you are aware of them) and a statement that you have deliberately chosen to omit the children. Even if you have a strained relationship with them, refrain from commenting as to why you are leaving them nothing. There is no way to undo the damage caused by hurtful statements and you do not want lawsuits against your estate for defamation.

If you would like me to draft a will for you to include this language as well as what is called an "in terrorem" clause to discourage frivolous challenges to your will, feel free to contact me. My fees are reasonable, but this will depend on what you need done and whether you also want added documents such as powers of attorney or advance directives. I do not do extensive estate planning and if you have more than $1 million in assets, then I suggest that you see an estate planning attorney who can draft an estate plan for you so as to minimize any taxes owed by your estate.

Rachel Hunter

Attorney at Law

[email protected]

(678)687-9693

Admitted in GA, PA & NC