Sometimes, the validity of a last will and testament may be questionable. A will made under duress, undue influence, or without capacity is not enforceable. For example, a person diagnosed with severe Alzheimer's disease may not be able to create a valid, enforceable last will and testament since they may lack legal capacity.
North Carolina law is also strict with respect to how a will is signed, executed, and witnessed. A last will and testament may also not be enforceable if proper formalities required by North Carolina law were not followed during the process of signing and witnessing the will.
The beneficiaries of an estate can be drastically affected if a will is invalid. If you would like to know your legal rights with respect to a will which you believe might be invalid or unenforceable, contact us at the Seay Law Firm, PLLC for a consultation. We can assist you with a caveat proceeding if necessary.