It is possible, in Cumberland County, North Carolina, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.
Sometimes, 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 considerable amount of money or property is being given away, the person left out of the will could reasonably 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 expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.
When Can a Will be Contested in Cumberland County, North Carolina?
There are many reasons that a Cumberland County, North Carolina court might hold a will to be invalid.
One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Typically, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.
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 really voluntary unless the testator knows what they're doing. Accordingly, 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.
If a Cumberland County, North Carolina will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, 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 Cumberland County, North Carolina Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a knowledgeable Cumberland County, North Carolina attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.