Contested Wills in Charlotte, North Carolina

Find the right Contested Wills attorney in Charlotte, NC

It is permitted, in Charlotte, 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 Charlotte, North Carolina?

There are several reasons that a court in Charlotte, North Carolina might invalidate a will.

For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.

If a Charlotte, North Carolina will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Charlotte, North Carolina Contested Will Attorney Help?

Because a will contest can sometimes involve confusing legal and factual questions, as well as some very raw emotions, a skilled Charlotte, North Carolina attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Charlotte

Charlotte, North Carolina is the seventeenth largest city in the U.S. with a population of approximately 1,754, 524. What is interesting is that Charlotte has become a major financial center in the U.S. being the second largest banking center in the country after New York City. That being said, it is natural that Charlotte has a strong legal presence. Charlotte is filled with many law firms that practice in all areas of law. Thus, Charlotte residents will always have their legal needs met with sharp attorneys and competent law firms.

If one wants to take a break from the financial and legal industry, there are a lot of attractions to see! Popular attractions include the US National Whitewater Center, the NASCAR Hall of Fame, the Levine Museum of the New South, Mint Museum Uptown, UNC Botanical Gardens, Charlotte Museum of History, and the Charlotte Bobcats Arena. Evidently, Charlotte has something for everyone and is definitely a place worth visiting.

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