Contested Wills in High Point, North Carolina

Find the right Contested Wills attorney in High Point, NC

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

A will is normally contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, particularly if the testator's motives are not clear. They will usually assume that the will must be a forgery, or a result of fraud or force.

If there is a massive amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, particularly if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Evidently, this is something to consider.

When Can a Will be Contested in High Point, North Carolina?

There are various reasons that a High Point, North Carolina court might hold a will to be 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.

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 honestly 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.

So, you've succeeded in contesting the validity of a High Point, North Carolina will. What happens to the property that was going to be distributed according to its terms? Typically, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Thus, the old will can be given effect.

Can a High Point, North Carolina Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a seasoned High Point, 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 High Point

The City of High Point extends into Guilford, Davidson, Randolph, and Forsyth Counties and plays host to 102,000 North Carolina residents making it the eighth largest municipality in the state. You probably know High Point as the "Furniture and Hosiery Capital of the World" due to it's many manufacturing plants that churn out textiles, busses and of course furniture. The population nearly doubles each time the High Point Market opens with over 100,000 vendors and buyers from around the world flocking to the largest furnishings trade show in the world covering 11.5 million square feet.

High Point also plays host to a number of other interesting sites that attract visitors and citizens alike. The Angela Peterson Doll and Miniature Museum is one of the south's largest doll and miniature museums. The Bernice Bienenstock Furniture Library retains the world's largest collection of books on the furniture and interior design, a Mecca for industry professionals. There are a number of lawyers in the town too. High Point lawyers are well versed in a variety of cases both local and statewide. The city is not all business, it also has a number of outstanding parks and recreational areas like High Point City Lake Park which is a recreation and amusement park offering boating, picnic areas, fishing, miniature gold, a water park, and the largest outdoor swimming pool in North Carolina.   

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