The end of 2024 brought several noteworthy developments in North Carolina’s estate planning and probate law, particularly regarding undue influence and posthumously conceived children. In this digest, I’ll summarize recent North Carolina Court of Appeals cases and share a brief review of two newly published law books.
Recent North Carolina Caselaw
- In re: Hobbs (No. 24-301, Unpublished, December 31, 2024)
- Summary: Decedent executed a new Will leaving all property to one child, deviating from a previous Will that divided assets equally among five children. This one child also held a fiduciary position (agent under a power of attorney).
- Key Takeaways:
- Fiduciary Presumption: When a fiduciary benefits from a new Will, there may be a presumption of undue influence. Such presumption can be overcome.
- Relevant Evidence: Courts may consider post-execution events (including photographs) as evidence to determine the presence of undue influence at the time of signing.
- Abitol v. Clark (No. 24-478, December 3, 2024)
- Summary: I previously discussed this case here. This case involved a decedent who had an estate plan for his only child at the time, but a second child was posthumously conceived. The dispute revolved around whether the second child was entitled to inherit under the existing estate documents and relevant statutes.
- Key Takeaways:
- Importance of Defining “Children”: Estate planning documents should explicitly define key terms like “children” to avoid future confusion.
- Legislative Gaps: The legislature may need to address inheritance rights more thoroughly for posthumously conceived heirs.
Recently Published Books
- The Most Powerful Court in the World: A History of the Supreme Court of the United States – by Stuart Banner (Published November 2024)
- Review: An accessible single-volume history of the Supreme Court’s evolution, ideal for both legal professionals and interested readers.
- American Heretics: Religious Adversaries of Liberal Order – by Jerome Copulsky (Published October 2024)
- Review: Explores how various religious sects in U.S. history have used their faith to justify conflicting political beliefs, providing valuable insight into the intersection of religion and governance.