The North Carolina Court of Appeals issued a unanimous decision on January 7, 2026, in the case In re: Russo (opinion here ). This ruling focuses on two important issues in estate law: (1) the limited power of "in terrorum" or no contest clauses in wills, and (2) the legal distinction between individual lawyers and law firms serving as fiduciaries under North Carolina law. The first major point the court makes is that no contest clauses, also known as "in terrorum" clauses (

Court Opinion: https://appellate.nccourts.org/opinions/?c=2&pdf=44709 Facts: A POA is executed in 2016. Two years later in 2018 the named agent under the POA executes a deed through the purported powers of the 2016 POA. One year later in 2019, the principal of the POA dies. Three years later in 2022 a quiet title action is filed challenging the validity of the 2018 deed on the theory that the 2016 POA was ineffective due to allegations that the principal lacked capacity and

In 2023 there were approximately 14 appellate North Carolina cases (2 from our state Supreme Court) touching on fiduciary disputes. Cases...

In 2022 there were approximately 14 appellate cases in North Carolina that touched on trusts and estates: Barrington v. Dyer, 282 N.C....