Q: North Carolina will challenge. Do I need to prove BOTH Mental Capacity to make a will AND Undue Influence?
I am pretty sure I can meet the burden of proof for Undue Influence. Mental Capacity I may not be able to defeat.
Can I prevail in North Carolina Law with just the Undue Influence alone to set aside the will?
A: No, you can successfully contest a will by proving only undue influence.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A: I agree with my colleague that you only need to prove undue influence, but realize that some diminished capacity is a sub-element of undue influence. For example, if the CEO of a Fortune 500 company leaves his entire estate to his girlfriend, disinheriting his wife and children, chances are you are going to have a hard time proving undue influence. There was influence, for sure, but said CEO is/was an adult with a sophisticated legal team, etc., capable of making his own rational decisions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
