Testamentary Capacity Laws in North Carolina

Any person of sound mind at age 18 years or older may make a will in North Carolina. § 31-1. Most wills go through probate without any disputes or contested issues. However, in some cases there may be some disagreements over the validity of the will and which heirs be entitled to certain property. A will can be contested if the person creating the will lacked testamentary capacity or that the testator was improperly influenced by someone when creating the will. This situation usually arises in one of two scenarios: First, this can happen if there was a previous will that contradicted a later will. Heirs under the previous will may claim that the testator lacked capacity when creating the second will. Second, if an heir would inherit assets under North Carolina’s intestacy laws, but was disinherited under the will, they may claim that the will is invalid and that property should be distributed based on the intestacy laws. What is Testamentary Capacity? Testamentary…

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