When it comes to estate planning, a will is one of the most essential legal documents a person can create. But not just any document claiming to express your final wishes will be recognized by North Carolina courts. State law imposes specific requirements that must be met for a will to be considered valid. Understanding these criteria is key to ensuring that your assets are distributed according to your intentions and not left to chance or court discretion.
To be valid in North Carolina, a will must be created by someone who is at least 18 years old and of sound mind. The person making the will, known as the testator, must sign the document. Additionally, the will must be signed by at least two witnesses who are present at the same time and who also sign the will in the testator’s presence. These formalities exist to help confirm the authenticity of the document and protect against fraud or undue influence.
While a typewritten will with the proper witnesses is the most common, North Carolina also recognizes two special types of wills under certain conditions: holographic and nuncupative. A holographic will is handwritten and signed by the testator but does not need to be witnessed, although it must be found after the testator’s death in a safe place like a locked drawer or with important papers. A nuncupative will is an oral will made during the testator’s last illness and must be declared before two witnesses. These alternatives are allowed but have much higher potential for legal challenges.
The attorneys at Lord & Lindley have extensive experience assisting clients with evaluating the validity of wills in North Carolina. If you have questions about whether a will meets the legal requirements or believe a will may be invalid, please contact us at 704-457-1010 to discuss your concerns. To learn more about our team and areas of practice, visit our website at www.lordlindley.com.