in a safe deposit box or another safe place that the Testator controls or.among the Testator’s valuable papers or effects.Before January 8, 2021, it was necessary that the holographic will also be found: Holographic WillsĪ holographic Will is a Will written wholly in the testator’s handwriting and signed by the testator. It’s always a good idea to choose witnesses who are not related by blood or marriage and who are not beneficiaries of the Will. The attesting witnesses must sign the Will in the presence of the testator, although it is not necessary for them to sign in each other’s presence.Ĭompetent witnesses are generally disinterested, meaning that they have nothing to gain from the Will. The statute also requires that two competent witnesses sign the Will after either witnessing the testator sign the Will or after the testator signifying to them that he previously signed the Will. To be valid, the person making the Will (the testator) must, with the intent to sign the Will, sign it personally or direct another person to sign it in the testator’s presence. Attested WillsĪn attested Will is a written Will that is not completely in the handwriting of the testator. To be valid, the Will must comply with specific legal formalities required for each type of Will. There are three types of Wills in North Carolina: attested Wills, holographic Wills, and nuncupative Wills. the effect the act of making a Will will have on their estate.the manner in which they desire to dispose of their property.the kind, nature, and extent of their property.To be of sound mind, a person has to have the capacity to understand: The North Carolina statutes require those who make a Will to be of sound mind and over 18 years. North Carolina is no different.įor a Will to be valid in North Carolina, it must meet North Carolina’s statutory requirements, found in Chapter 31 of the North Carolina General Statutes. ![]() They also allow you to nominate a guardian for your children and an executor who will administer your estate according to your wishes.Įvery state has its own rules about what makes a Will valid. Wills are legal documents that allow you to specify how and to whom your property will be distributed when you die.
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