Suppose one person has two children. And both the children are expecting they will inherit an equal part of the property that their parents have. But the final testament will reveal that one of the two children gets the majority.
At this point, the other child, who has got the minority party, may feel that the inheritance was unfair. The person can initiate a procedure to content the will. And in order to do so, anyone will need to consult with inheritance lawyers.
How To Challenge?
But one also needs to keep in mind that just because the person feels the will is unfair, he or she can not challenge a will. There are some strictly defined parameters set, as per that one can commence contesting a will.
Let’s get an idea about those parameters.
1. The Will Lacks Validity:
Under this very provision, one needs to establish a fact before the court of law. And the fact is, the deceased was in no condition or position of physically or mentally or both to understand and after that agree with the terms and conditions that are mentioned in the will. So, the deceased person was either coerced or tricked into making the offerings.
2. The Property Was Owned Jointly:
In case the deceased person jointly owned the property, then the other party of the property will continue to enjoy the very ownership of the property as per the contract. And this is also making the other party eligible for challenging the will in case it grants ownership to someone else.
3. The Execution Of The Will Have Not Complied With The Law:
This provision allows the appellant a chance to prove that the execution of the will did not follow the laws of the lands that lay down some specifics on the basis of how a will has to be witnessed and signed. And in order to do that, you will need a good inheritance lawyer in North Carolina.
4. The Will Is An Act Of Forgery:
Here, an appellant has to prove in front of the court that the will was created fraudulently, or the sign of the deceased that is present on the will was crafted through forgery or also received under false pretense.
Who Can Challenge?
After we know the grounds on which one can challenge a will. The next question is Who can challenge the will in the court? In case you are one of the named beneficiaries in the will, you can challenge. And in order to do so, you need an inheritance lawyer in North Carolina.
There is also another intestate succession law, which spells out inheritance rules in case there is no valid will. You also can challenge, if as per the law, you would inherit. So, this means that in case there are no surviving spouses or any direct descendants, even distant relatives can challenge a will.
There is another condition when you might challenge the will. In case you are the beneficiary of the prior version of the will, that will become a valid one in case the court ruled the current version of the will invalid. In order to avoid such challenges, the copies of the prior version are destroyed most of the time.
Alternatives That You Can Try:
Before you challenge the will in the court, you can meet the executor and ask about the doubt you are having with the will. In case the person is able to make you understand it properly, then you may feel that you are not being cheated or need to go to court.
Before you meet the executor, you can hire an inheritance attorney and consult along with all the legal papers and emails that you have sent to your family members and the executor. The person will assist you with them and also make sure you do not miss the deadline.
With the help of a qualified inheritance lawyer in North Carolina, you can challenge a will in case you are fulfilling any of the mentioned conditions. The attorney will also let you know about some additional laws in case there are any.