Contested Wills in Fayetteville, North Carolina

Find the right Contested Wills attorney in Fayetteville, NC

It is feasible, in Fayetteville, North Carolina, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

Occasionally, when a person who expected to be included in a will is left out, their natural assumption is that there was some mistake, or that the will was made through improper means, such as duress or fraud, or that the will is an outright forgery.

If a large amount of money or property is being given away, the person left out of the will could rationally conclude that the cost and time of a court challenge is worth it.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and costlye. It also has the possibility to damage family relationships and foster strife among individuals who are already mourning the loss of a loved one.

When Can a Will be Contested in Fayetteville, North Carolina?

Of course, a Fayetteville, North Carolina court will not invalidate a will without a very good reason, but there are some situations which render a will clearly invalid.

For instance, a will obtained through duress (a threat of harm, usually physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. Nonetheless, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Therefore, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Fayetteville, North Carolina, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Fayetteville, North Carolina Contested Will Attorney Help?

Contesting a will is often difficult, and never fun. However, the entire process can be made more bearable if you have the help of a qualified Fayetteville, North Carolina attorney, and the process will probably be much more manageable.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Fayetteville

Fayetteville, North Carolina is a relatively large city with a population of over 200,000 residents. It serves as the county seat for Cumberland County, and is located in an area known as "the Sandhills". Fayetteville was named "one of the best places to retire" by Where to Retire magazine. The city is rich in early American history, as the U.S. Constitution was ratified in Fayetteville in 1789.

Military culture plays a large role in Fayetteville. The city is best known for its close proximity to Fort Bragg, a major U.S. Army outpost. In 2008, Fayetteville, North Carolina was officially named "The World's First Sanctuary for Military Families". Citizens and businesses of the city often demonstrate their support for the military through participation in volunteer groups.

Fayetteville also maintains several festive events every year. In particular, the Dogwood Festival in the spring and Christmas in the Park attract a large number of participants. These local gatherings showcase art displays, theater performances, and food vendors. Overall, Fayetteville is an ideal location for business, recreation, and residence.

Fayetteville, North Carolina lawyers are available to assist residents in a variety of legal matters. Fayetteville lawyers often represent their clients in the Superior Court of Cumberland County, which is located in the city.

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