Legal Question in Wills and Trusts in North Carolina

Re: Can a will be contested by adult child

It is not likely that the omission of one grandchild will

bring success with a challenge. Although this is not a certainty.

Depending on the parties involved,

you could present an argument during probate that g-dad intended all g-kids to share

equal and alike. However, this would not be too strong a position if one or

more of the other parties contests the matter with equally persausive evidence to the contrary.

Then you could bring a caveat contest in court (which is to challenge the will itself). You would have to present evidence

of g-dad wanting "share and share alike".

Unfortunately this is the problem with having will drawn with a specific devise to specifically

named persons. It would have been preferrable to bequest a category of corpus or property to a class

or group and then identify the allocation. There are alternate methods. Many people have wills drafted

with an intention and the words used do not stand the test of time when things change.

The most fundamental question you face is whether your evidence of g-dad's true intent may prevail over a challenge to apply

the will as it is expressed. What evidence do you have in this regard?

Depending on the amount of money involved, you may decide that this matter is worthy of discussing with an attorney.

I recommend you seek counsel to review the persuasiveness of your evidence and to obtain a consultation as to the strength of your position.