Q: What Makes a Will Legal?

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Q: What makes a Will legal?

A: North Carolina allows for three kinds of Wills, and what makes each legal varies based on the type.

The basic requirements for each type are:

  • Attested: written, signed, and witnessed

  • Holographic: handwritten and signed/subscribed, found after death in a place of "safekeeping"

  • Nuncupative: spoken aloud during illness/injury that results in death, to at least two witnesses who know and understand what they are being told

For full details (and yes, there are more details), check out North Carolina General Statutes, Chapter 31.

If you're working with an estate planning attorney - you'll be getting an Attested Will. But why would you do that when you could DIY one of the others?

Simplicity. Yes, really. I know the other options seem easier. But, the reality is you're trading easier now for harder later. Why?

After your death, the first step Court takes in opening your estate is to verify that your Will is valid. Here's what the Court requires to accept each type of Will as valid:

  • Holographic Will: Three witnesses must testify that they know the handwriting to be yours. And one witness must testify about where and when the Will was found.

  • Nuncupative Will: (1) Proof that advance notice was given to specific people, allowing them enough time to oppose/object to the Will. Sometimes this notice must be published in the newspaper. (2) The Nuncupative Will must be filed with the Court within six months of it being made/spoken. (3) The two witnesses to the Nuncupative Will must testify that it was spoken to them. (4) One witness must testify that it was made/spoken during the last illness/injury that resulted in the maker's death.

  • Attested Will: Verify that the document was signed with proper witnessing and notarization. Often, this is achieved just by the Court clerk's review of the Will. Beyond that - no witness testimony is needed, no advance notice is required.

More details can be found in North Carolina General Statutes, Chapter 28A.

Are you ready to get started with your own Attested Will? Want to learn more? Contact me.