Caveats, Will Contests & Estate Litigation
Caveats, Will Contests & Estate Litigation
- Will contests or “Caveats” often involve bitter disputes between family members. The two most common claims made in these cases are “Undue Influence” and “Lack of Testamentary Capacity.” Regardless of the situation, or the claims made in a particular case, the estate litigation attorneys at Weaver, Bennett & Bland are able to help you through this trying time.
The purpose of every will is to guarantee that after a person’s death, that his or her property and assets are divided and distributed to the people that the deceased actually chose to receive his or her estate. Sometimes questions arise as to whether a particular person’s will was obtained by the exertion of pressure on the deceased. Undue influence is, however, something much more than mere persuasion. Undue influence is an overpowering influence or fraudulent influence that could not be resisted by the person making the will.
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Frequently, in situations where the person whose will is being questioned was of advanced age and in failing physical and mental health questions may arise whether an individual had the “testamentary capacity” to make a will. Testamentary Capacity requires that a person understand the kind, nature, and extent of his property, the objects of his bounty (family & loved ones), the manner in which a will takes effect, and the effect of the will on his estate. The law presumes that someone making a will has testamentary capacity and anyone who claims the will is invalid due to lack of mental capacity has the burden of proving the lack of capacity with specific evidence showing the lack of mental capacity.
Every will contest–or “caveat action”–has facts that are as unique as your family. The purpose of a Caveat is to ensure the actual wishes of the decedent are being followed. Our attorneys truly listen to your situation and help formulate a plan to make sure your loved one’s wishes are realized. With over 35 years of experience in caveat litigation, our lawyers know how to build a winning case. We typically represent either clients who are family or friends of the deceased who believe a will was influenced by the one of the following factors or family or friends that deny that a will was obtained by one of the following factors:
Undue Influence: That the person signing the will was subjected to an overpowering influence which made the testator write a will that they would not otherwise have made, and which substitutes the will of the person exercising influence for the will of the deceased.
Lack of Capacity: The person signing the will suffered from a disease that attacked their mental faculties, such as Alzheimer’s Disease or Dementia. When making their will, the person did not completely understand what they were doing. These cases also typically result in the complete or partial disinheritance of you or your family.
Conflicting Wills: After a loved one’s passing, several conflicting wills are discovered. A detailed review of the competing wills and the complex legal requirements for a will’s validity must be performed.
Wills that Fail to Meet North Carolina’s Strict Signing Standards: The State of North Carolina creates many specific rules surrounding the validity of wills. For example, if a will was not properly signed or witnessed, there may be issues surrounding its validity.
In addition, the estate litigation lawyers at Weaver, Bennett & Bland understand that the victims of an invalid or fraudulently obtained will often do not have the resources to pursue their claims. Our attorneys consider the merits of each case and handle caveat actions with both hourly and contingency fee arrangements.
If you need aggressive and competent attorney to represent you in a will contest, caveat, or estate litigation matter, contact Weaver, Bennett & Bland P.A. today by calling (704) 844-1400. Our estate litigation attorneys always provide a free initial consultation.