A will caveat is a special proceeding in which parties can challenge the validity of a document purporting to be the last will and testament of the decedent. The question to be answered is whether the purported will is valid. As a result, admissible evidence and potential remedies are limited to a determination of that question. Initiating Steps A caveat proceeding is initiated when an individual (the “decedent”) dies, leaving behind a document purporting to be his or her will. The purported will is submitted to the clerk of court to be probated. Any interested party – any party with a pecuniary or beneficiary interest in the decedent’s…
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UPDATE: ARETHA FRANKLIN’S ESTATE
At the time of her death last year, it was believed that Aretha Franklin died intestate, or without a will. In the absence of a will, state intestacy laws determine how estate assets will be distributed. However, three handwritten wills were recently discovered in the famed singer’s home. If one or more of these documents is found to be a valid, enforceable will, the terms of the document(s) will determine the distribution of Franklin’s estate. Two of the handwritten wills were dated from 2010 and discovered in a locked cabinet in the home. The third, and most recent, was discovered in a notebook under a seat cushion. It was…
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Challenging the Validity of a Will vs. the Construction of a Will: North Carolina Court of Appeals Clarifies
Earlier in September the North Carolina Court of Appeals highlighted the procedural difference between challenging the validity of a will through a caveat proceeding and resolving questions as to the construction of a will through an action for declaratory judgment.[1] Plaintiff, Deborah Hildebran (“Hildebran”) was listed as the executrix of her father’s will (the “Will”). Upon her father’s death, the Will was probated in common form before the clerk and Hildebran was appointed executrix. The Will contained several handwritten markings, notably a line that struck through the name of the testator’s granddaughter Chanté Brittian…
