Will Caveats: What Do You Need to Know?

April 5, 2023

Under any circumstance, the death of a loved one is a challenging time.  Disputes about wills should not add more challenges to a grieving family.  Our Asheville attorneys are experienced representatives in will and estate cases.

What Is a Will Caveat? 

A caveat is a legal challenge to the validity of a will.  In non-legal terms, a caveat is the same as “contesting a will” or a “will challenge.”  A caveat must be filed by someone who has an interest in the estate, such as a beneficiary.


Reasons For Filing a Caveat 

The most common reason for a person to contest a will is that she/he believes the will to not be the official final will and testament of the person who died.  If found to be true, this would make the will invalid.  Common reasons why someone may suspect a will is invalid, include:

  • The will was not signed by the deceased;
  • It is suspected that someone unfairly influenced the deceased; or
  • The deceased lacked the ability, in legal terms the “capacity,” to create a will prior to his/her death.

What to Consider 

If you believe that there is reason to contest a will, there are issues to consider. First, there is a limit to the amount of time a person can legally file a will caveat.  Our Asheville attorneys can help you be sure you are still within that time limit.  Second, there are legal restrictions on who may bring a caveat. Third, once a will caveat is filed, all probate proceedings get put on hold until the caveat process has been completed.  Finally, it is important to understand that the caveat process is not a quick one.


How We Can Help

Disputes involving estates and inheritances are often complicated and highly emotional.  At Barbour, Searson, Jones & Cash, we help families across North Carolina with estate and inheritance disputes.

We will work closely with you through every stage of the case and provide you with a path to the most efficient resolution.  We have extensive experience litigating and otherwise navigating cases involving wills and inheritance.

Challenging a will is difficult enough on an emotional level; our Asheville attorneys can help you navigate the law.


Asheville NC Law Firms

Our team of attorneys are seasoned advocates for clients dealing with complicated legal issues across a variety of practice areas.  Every legal problem has a unique solution—we are here to find the very best solution for you, your family, or your business.  If you are currently facing a challenging legal situation in North Carolina, contact us to schedule a consultation.  

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