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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JOHN SINGLETON CONSERVATORSHIP AND ESTATE
John Singleton entered Hollywood in a truly historic fashion. Not only was he the first African American to be nominated for an Oscar for Best Director for his debut film Boyz N the Hood, but he did so at the age of 24, making him the youngest ever nominee for the category. Sadly, Singleton’s career was cut short when he died last week at age 51 following a stroke. Before his death, Singleton’s daughter, Cleopatra, disputed the characterization of Singleton’s medical condition by Singleton’s mother and business manager, Shelia Ward. Ward claimed Singleton was in a coma, petitioning the court in Los Angeles to be named temporary conservator for…
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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…
