What Can Void a Will? Legal Reasons Explained

Wills carry a lot of weight, and for good reason. If a will is valid, your property goes where you intend, and your story gets told the way you wrote it. At Trusts and Estates Law Group (in North Carolina), we work to honor each person’s life, work, and charity with thoughtful planning and compassionate advocacy. In this article, we explain the legal reasons a North Carolina court can set a will aside, and what that looks like in real life.

Why a Properly Executed Will Matters in North Carolina

When a will is executed correctly, your assets are distributed according to your wishes, not someone else’s. If a will is successfully challenged, the distribution shifts to an earlier valid Will, or North Carolina’s intestacy statutes, which can produce results you never intended.

Will disputes, known here as caveats, often start with hurt feelings and confusion inside the family. Clear documents, careful signing, and good records can reduce that risk.

Lack of Testamentary Capacity: A Key Reason for Voiding a Will

Testamentary capacity means the person signing the will had enough mental competence at that moment to understand what the will does. North Carolina uses a practical test that looks at what the signer understood when the pen hit the paper.

Four Considerations for Testamentary Capacity

Court decisions point to four questions that juries and judges look at. Each one focuses on what the testator knew at signing.

• Did the testator understand the nature and extent of their property?
• Did the testator know the natural objects of their bounty, the people who would typically receive their property?
• Did the testator know the legal consequences of creating a will?
• Did the testator understand how the will divided the estate?

North Carolina presumes every adult can make a will. A person does not have to be labeled “senile” to lack capacity, and someone showing signs of dementia can still have a clear window of understanding that satisfies the standard.

Temporary memory slips or confusion do not automatically defeat capacity. Medical events like a stroke can rapidly alter cognition, making the timing of the signing and the surrounding facts especially important.

In many cases, both sides rely on medical records, opinions from physicians, and witness testimony from those present at the signing. That mix of proof often decides whether capacity existed or not.

Undue Influence: When a Will Doesn’t Reflect the Testator’s True Intent

Undue influence is wrongful pressure that destroys the testator’s free will and results in a will they would not have made on their own. In short, it substitutes the influencer’s mind for the testator’s. Proving it is very fact-heavy and often built on circumstantial evidence.

Factors Considered in Undue Influence Claims

Courts look at the entire picture, then weigh these common factors together.

• The age and physical or mental weakness of the testator.
• Whether the accused lived in, or was in, the testator’s home and constantly supervised them.
• Whether others had a fair chance to see and associate with the testator.
• Differences between the disputed will and earlier wills.
• Whether the disputed will favors people unrelated to the testator.
• The dispute may result in the disinheritance of close family or friends.
• The question is whether the accused helped draft or execute the will.

Mere persuasion is not enough. The challenger must show improper pressure that caused a vulnerable person to act against their true intent, and they must prove it by the greater weight of the evidence.

Fraud: When Deception Leads to an Invalid Will

A will can be set aside if it was signed because of fraud. Courts look for clear proof that the signer was misled and that the lie changed the outcome.

Elements Required to Prove Fraud

To nullify a will for fraud, the challenger generally needs to establish these points.

• Someone misrepresented facts or concealed critical information while having a duty to disclose.
• The misrepresentation or concealment was intended to deceive.
• The testator reasonably relied on the deception.
• The testator was deceived.
• The challenger suffered financial or other harm as a result.

One typical example involves tricking a person into signing a will by lying about the stakes. For instance, telling Dad, “You will lose the farm unless you sign this,” when that is false, then presenting a will favoring the speaker.

Improper Execution: Not Following Legal Formalities

North Carolina wills must follow state formalities. A standard written will requires the testator’s signature, plus the signatures of two competent witnesses, and the signing must be done with the correct formality on the same general occasion.

If those statutes are not followed, the court can treat the will as invalid. Good planning includes proper witnessing, an attestation clause, and usually a self-proving affidavit to cut down on future disputes.

Quick Guide: Common Grounds and Typical Proof in North Carolina Will Contests

Even minor errors can snowball once family tensions rise, so getting the formality right on the front end helps.

Revocation: Intentionally Voiding a Will

A testator can revoke an old will by signing a new one that revokes prior wills. This is the cleanest method and avoids confusion.

Revocation can also occur through the physical destruction of the document with the intent to revoke it, such as burning or tearing. If someone else performs the act, it must be at the testator’s direction and in their presence.

Revocation by Operation of Law: Automatic Voiding in Specific Situations

North Carolina law automatically revokes specific provisions when life events occur. These rules protect against outcomes that conflict with common expectations.

• Divorce or annulment automatically revokes any part of the will that refers to the former spouse or the former spouse’s family, unless the will says otherwise. See N.C. Gen. Stat. § 31-5.4.
• A later will or codicil that contradicts an earlier provision controls, which functionally revokes the conflicting earlier language.
• The slayer statute prevents a person who kills the testator from inheriting, which revokes that beneficiary’s interest.

These rules are powerful, but they do not replace a fresh, updated will after a significant life change.

In Terrorem Clauses: Discouraging Will Challenges

An in terrorem clause says that a beneficiary forfeits their inheritance if they challenge the will. North Carolina courts enforce these clauses, but that does not make a will bulletproof.

There is a good-faith exception. If a beneficiary brings a caveat in good faith with probable cause, the court can refuse to enforce the forfeiture and let the challenge proceed.

On the other hand, courts will enforce the clause to discourage vexatious litigation. These provisions need careful drafting, or they can backfire.

Considering a Will Challenge in North Carolina? Contact Us Today

Our firm is dedicated to outcomes that respect your loved one’s intent and protect your rights. If you are weighing a will challenge or defending a will, reach out for a consultation with a skilled attorney who knows this process well. Call 919-782-3500 or visit our Contact Us to schedule a time with us. We welcome your questions, and we are happy to talk through next steps in plain language.