Conflict of interest?-child of elderly parent with dementia writes other child out of will

An elderly mother of 4 has dementia and has gotten in numerous car accidents. The siblings decide that they need to take the car from the mother for her safety, so the child that lives closest takes the car. The mother then labels the one child a

Asked on September 24, 2018 under Estate Planning, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The Will can be challenged in probate court by the child, who was disinherited because the mother with dementia, did not have the testamentary capacity (mental competency) to make a new Will or amend the current Will.  Furthermore, the amended Will or new Will did not comply with the witness requirements and signature requirements for a valid Will  or codocil.  A codocil is an amendment to a Will.  Failure to comply with the signature and witness requirements are further grounds for contesting the Will in probate court.


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