One of the claims to contest a will is Undue Influence. The WillCaveat.com post link below discusses the Undue Influence challenge as grounds for contesting a will.
North Carolina courts defines Undue Influence as the fraudulent influence over the mind and will of another to the extent that the professed action is not freely done but is in truth the act of the one who procures the result.
The law requires that in order to state a prima facie case on the issue of undue influence, a caveator must prove the existence of 4 factors:
(1) a person who is subject to influence (this is in reference to the Testator or Will Maker);
(2) an opportunity to exert influence;
(3) a disposition to exert influence; and
(4) a result indicating undue influence.
The North Carolina Supreme Court has identified 7 factors to demonstrate and prove the issue of undue influence: for more see Post at http://willcaveat.com/grounds-contesting-will-undue-influence/ This site is also part of Sanders Law Firm, PLLC
Kirk Sanders represents Propounders and Caveators in Will Caveat Litigation.
Call 336-724-4707 to discuss your claim or defense.