In an unpublished decision filed April 1, 2026, the North Carolina Court of Appeals affirmed summary judgment for the propounder in a will caveat alleging lack of testamentary capacity and undue influence. The propounder supported summary judgment with affidavits and contemporaneous medical records. The caveators, however, relied primarily on a verified caveat alleging, “upon information and belief,” that the decedent suffered from dementia, lacked testamentary capacity, and was unduly influenced. The Court held those assertions were conclusory and insufficient to create a genuine issue of material fact. A useful reminder that suspicion is not evidence.
