For a will to be valid, the testator must be at least 18 years old and of sound mind at the time of signing it, and not under duress or influence of another person. Wills should be in writing, although sometimes property can be bequeathed orally if the testator is at risk of death or in his or her last illness. Below are some other things that you might not know about wills in North Carolina:
Despite popular belief, children do not have to be provided for in a will. If no provision is made, the law will presume that the testator simply forgot and the child may be entitled to rights.
How Long is a Will Valid?
A will is valid until revoked or changed as required by NC laws. The testator must be of sound mind and not under the influence of someone else when it is changed. After a will has been executed, there may be changes in circumstances such as divorce, marriage, deaths, birth of children, tax law amendments, or even a change in the amount or nature of the testator’s estate. All these factors may pose questions as to the will’s adequacy. In such situations, an attorney should analyze the provisions of the will because it may need to be changed to meet the new circumstances.
New Residents in North Carolina
It is advisable to have your will reviewed by an attorney to ensure that it conforms to the laws in this state. For more important information, visit the NCAJ (North Carolina Advocates for Justice) website here.
(Articles on this blog are provided for informational purposes only. Use of this blog does not provide or replace individualized legal advice. If you are in need of legal advice, please speak with one of our attorneys, who can offer legal advice specific to your circumstances.)