Contested Wills in Gastonia, North Carolina

Find the right Contested Wills attorney in Gastonia, NC

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

Of course, a Gastonia, 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 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.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Essentially, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a legitimate will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

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 Gastonia, 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 Gastonia, North Carolina Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a reputable Gastonia, North Carolina attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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

Life in Gastonia

Gastonia is home to around 70,000 people and is North Carolina's thirteenth largest city.

Some major employers which have helped boost Gastonia's economy include Freightliner LLC, Danaher Tool Group, Curtiss-Wright Controls Engineered Systems and Radici Group, and Advance Auto Parts. The legal industry also has a presence due to the many small law firms and law offices, where competent attorneys devote their day to providing excellent legal services.

Some famous past residents include many NBA players, such as James Worthy, Darrell Armstrong, Eric Floyd, and Hassan Whiteside. Other famous residents have included Evan Karagias, Clyde Caldwell, Thomas Sowell, and Gilly James.

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