At The Stiltner Law Firm, PLLC, we understand that losing a loved one is difficult enough without the added stress of a disputed will. If you believe a will does not accurately reflect the decedent’s true intentions, North Carolina law provides specific legal grounds under which a will may be contested. Understanding these grounds can help you protect your rights and ensure that your loved one’s estate is distributed fairly.

1. Lack of Testamentary Capacity

A valid will requires that the person creating it (the testator) had the mental capacity to understand:

• The nature and extent of their property
• The natural heirs or beneficiaries of their estate
• The legal effect of creating the will

If the testator was suffering from dementia, severe mental illness, or another condition that impaired their ability to comprehend these factors, a challenge based on lack of testamentary capacity may be appropriate.

2. Undue Influence

A will may be contested if it was created under undue influence, meaning that someone close to the testator pressured or manipulated them into signing a will that does not reflect their true wishes. Indicators of undue influence include:

• Isolation of the testator from family or friends
• Sudden or unexpected changes to the will favoring a specific individual
• Evidence of threats, coercion, or manipulation

3. Fraud or Forgery

A will can also be invalidated if it was procured through fraud or if the testator’s signature was forged. Fraud may occur if the testator was deceived about the contents of the document or the nature of what they were signing.

4. Improper Execution

North Carolina law requires that a valid will be:

• Signed by the testator
• Witnessed by at least two competent witnesses

If these formalities are not met, the will may be declared invalid.

How The Stiltner Law Firm, PLLC Can Help

Contesting a will is a complex process that requires gathering evidence, filing the appropriate legal actions, and often presenting the case in probate court. Our firm is committed to helping the Hickory community navigate these sensitive situations with compassion and skill. If you suspect that a loved one’s will is not valid, we can help you understand your options and protect your interests.