When you create a will, and follow the proper formalities, it would be safe to assume that your wishes as set out in the document will be followed after you pass. Sometimes, that’s not the case. Death and probate can create more controversy than the will’s creator could have ever anticipated.
If one of the beneficiaries of the will feels like they were given a smaller share then they deserved – or someone else is getting a larger share – they may wish to raise some questions about the will itself. “Mom told me I was going to get half – but she only left me a third. What’s going on?” Sometimes there’s nothing the beneficiary can do about it – that’s just how life goes. But, sometimes the beneficiary may have a remedy.
What is a Will Caveat?
If a beneficiary has some specific information that would prove that the will is not valid, they may challenge the validity of the will through a caveat proceeding. Normally caveats will be successful in one of two scenarios: 1) the testator was not competent when the will was executed; or 2) someone exerted undue and improper influence over the testator at the time the will was created and executed. If proven, either of these scenarios can void the will and force the estate to be governed by intestacy, rather than the will’s provisions.
How Can You Avoid a Caveat?
Generally speaking, working with an experienced estate planning attorney will help to minimize or eliminate the risk of a caveat because the attorney will know what to look for. If there is any evidence of a lack of mental capacity in the testator, a physician should be consulted to make a determination of whether the testator is competent to create the will. Likewise, to avoid the issue of undue influence, the attorney will normally require a meeting with the testator alone, outside of the influence of a potential beneficiary under the will. Even though someone like a child may be pushing the issue to get the will created, the testator is the client, not the child.
Author Bio
Paul Yokabitus
Founder & Estate Planning Lawyer
Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons.
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How We Help North Carolina Families
Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan.
I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line.
After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning.
We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe.
The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did!
Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm.
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