Your grandmother made a will years ago. She updated it after all her grandchildren were born. She worked hard and earned a good living and received an inheritance from her late husband. All told, she plans to leave over two million dollars to her children and grandchildren. However, an interloping child (your aunt) convinces your grandmother to leave everything to her and just her. Your grandmother dies and everyone finds out about the will. What can you do?

It’s no secret that you can challenge a will in NC. However, challenging a will, also known as a caveat proceeding, just invalidates a will. It doesn’t provide redress for other harms created by the person who may have unduly influenced the maker of the will (Testator). For that, and other actions that interfere with an inheritance, NC has recognized a cause of action called Malicious and Wrongful Interference with the Making of a Will. The cause of action is considered to be a “tort.” Torts aren’t delicious pastries but legal wrongdoings.

Other than being a mouthful, it may also be a very valuable avenue to seek redress for legal harms done by an offending family member. But the existence of this remedy begs a couple of questions:

1. What are the elements of Malicious and Wrongful Interference with the Making of a Will? In other words, how do you prove your case?
2. Must a will caveat be filed prior to seeking any tortious remedy or can the claim be brought independently?