Law for Making a North Carolina Will

Chapter 31 of the North Carolina General statutes contains the law for making a North Carolina Will as follows:
§ 31‑1. Who may make will. Any person of sound mind, and 18 years of age or over, may make a will. § 31‑3.1. Will invalid unless statutory requirements complied with. No will is valid unless it complies with the requirements prescribed therefor by this Article. § 31‑3.2. Kinds of wills. (a) Personal property may be bequeathed and real property may be devised by (1) An attested written will which complies with the requirements of G.S. 31‑3.3, or (2) A holographic will which complies with the requirements of G.S. 31‑3.4. (b) Personal property may also be bequeathed by a nuncupative will which complies with the requirements of G.S. 31‑3.5. § 31‑3.3. Attested written will. (a) An attested written will is a written will signed by the testator and attested by at least two competent witnesses as provided by this section. (b) The testator must, with intent to sign the will, do so by signing the will himself or by having someone else in the testator’s presence and at his direction sign the testator’s name thereon. (c) The testator must signify to the attesting witnesses that the instrument is his instrument by signing it in their presence or by acknowledging to them his signature previously affixed thereto, either of which may be done before the attesting witnesses separately. (d) The attesting witnesses must sign the will in the presence of the testator but need not sign in the presence of each other. § 31‑3.6. Seal not required. A seal is not necessary to the validity of a will. § 31‑4. Execution of power of appointment by will. No appointment, made by will in the exercise of any power, shall be valid unless the same be executed in the manner by law required for the execution of wills; and every will, executed in such manner, shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity. § 31‑4.1. Attorneys as beneficiaries. An attorney who drafts an attested written will, or a codicil to an attested written will, may not be a beneficiary under that will or codicil, regardless of whether the attorney receives compensation for preparing the will or codicil, unless the attorney is a relative of the testator within five degrees of kinship, a present or former spouse of the testator, or a parent, sibling, or child of the testator’s present or former spouse. Any bequest or devise to an attorney in violation of this section shall be void. A designation of the attorney in a fiduciary role is neither a bequest nor a devise within the meaning of this section. An attorney who drafts an attested written will, or a codicil to an attested written will, under which the attorney is a beneficiary, shall attach to the will or codicil an affidavit certifying that the attorney is in compliance with the provisions of this section. Nothing in this section prevents an attorney from being a beneficiary under a codicil to a will if the codicil was not drafted by that attorney. This section becomes effective January 1, 2010, and applies to wills and codicils executed on or after that date. § 31‑4.2. Attorney’s name on will or codicil. An attorney who drafts an attested written will or a codicil to an attested written will must have his or her name and business address affixed to the instrument and indicate that he or she is the drafter.

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