Will the will hold up to being contested?

Question

My grandfathers will is being contested by his wife of 17 years. She is contesting under the terms of a prenup which left her 1/6 of the estate. It also mentions in the prenup that she renounces her right to dissent, adminster, and to contest his will. Also she has claimed an elective share under NC stature. It's too early to tell, but she may already inherit the 1/6.

Answer 1

Even though wills are written by lawyers, sometimes they are not completely legal. I don't believe that she could COMPLETELY renounce her right to contest the will. If a prenup leaves her a share, she will probably get it despite the wording of the will. However, I do not know NC probate law so perhaps it will be binding if the will is the document that was updated more recently. But if the will just said that a future wife and not her specifically may not dissent, administer or contest the will, she will probably get what the prenup says. Good luck to you.