Will Caveats

It is essential for anyone with legitimate questions about a will or an estate to retain an experienced litigator to help either defend or challenge a will. Will contests, also known as will caveats in North Carolina, can be a most unpleasant form of litigation. Peter McGuire has recently joined the firm and brings with him an extensive background in litigation matters.

If you believe you were supposed to inherit in a will, or someone else is making that claim, you should seek the advice and counsel of an attorney who not only knows the process of estate administration, but also knows the ins and outs of the courtroom.

The most common scenarios for a will contest include:

• Disinheriting children from a prior relationship;
• Cutting off family members in favor of people who have gotten close to the decedent immediately prior to death;
• Leaving an inordinate amount of assets to one beneficiary or an interested charity over another; or
• Sudden changes to a will that substantially alter the amounts or items devised in the last moments before death.

The grounds for the will caveat in these scenarios are several, but more often than not, the challenges raise allegations of undue influence, deception, or incompetency at the time of making the will or changing a prior will. The standards for these challenges are complicated and the hurdles are high. Peter McGuire of Strauss Attorneys PLLC. handles estate litigation for the firm and can render valuable assistance in this area.