Helping Clients with the Drafting and Execution of Wills in North Carolina

Nobody knows how long we have on this earth. You could have a long and healthy life, or some tragic accident could happen at any time. And no one knows when they might be incapacitated and need someone to make important legal decisions while we suffer from their incapacity.

When we pass away, we need to ensure that minors have proper guardians, that named beneficiaries get the assets we wish them to, and that disputes do not arise between surviving loved ones. The only way to help ensure that your wishes will be followed and that each beneficiary receives the property they deserve is to create a legally valid will.

A will is a legal document that transfers estate assets to named beneficiaries according to the wishes of the will’s maker prior to their death. Those who stand to recover property from an estate do not recover anything from the will until the testator (the will’s creator) dies. The will maker has the right to revise or revoke their will at any time prior to their death, provided they have the testamentary capacity to do so.

If you have not yet drafted your last will, or you are looking to modify an existing will, please get in touch with our law firm for legal guidance. Our legal team has years of experience representing clients in a variety of legal matters, and we would be proud to represent your case as you seek to draft a will and name an executor. To learn more about our legal services, please contact our Statesville, NC, law firm to schedule your free case review today.

What Are the Legal Requirements of a Will in NC?

The legal requirements for drafting a will in North Carolina are as follows:
• The testator must intend for the legal document to act as their will.
• The testator must be at least 18 years old.
• The testator must be of sound mind and have the capacity to make legal decisions on their behalf at the time of the drafting of the will.
• The will must be signed by the testator. If not signed by the testator, it must be signed by an individual that they appoint while in their presence.
• There must be two witnesses to the signing of the will. The witnesses must also sign the will.
• The will must be in writing.

Who Should Have a Will as Part of Their Estate Plan?

Every adult over age 18 should have a will in North Carolina. However, very few adults actually draft wills and name beneficiaries. Approximately only about half of American adults say they have drafted a last will and testament. In most cases, a significant milestone in life prompts someone to create their will. The death of a loved one, marriage, birth of a child, and significant financial events are common reasons for individuals to consider drafting their wills. After all, it is when we consider legacy and our families that we often are forced to reckon with the notion of passing away before our spouse, our children, and other close family members.

With a valid will, you can pass on your estate assets to the people and organizations of your choosing. Establishing a will can also act as a final statement of love, caring, and affection to your surviving loved ones. Remember, it’s not only about inheritance and how the executor shall distribute assets. It’s about how much you care for your spouse, children, and grandchildren.

To discuss the benefits of creating your first will, contact our law office to schedule your free case evaluation today.

What Does Dying ‘Intestate’ Mean?

If you pass away without a will, you die intestate. Dying intestate means that your assets will be subject to North Carolina intestacy laws. Essentially, the state gets to determine who gets what. In order to ensure that the right person is named executor of your estate, estate litigation is less likely, the proper guardian cares for your children, and your intended beneficiaries recover your estate assets, you must create a will.

What Are Different Types of Wills?

An attested will is a traditional last will and testament that most people think about when describing wills. The last will and testaments are written up, signed by the will-maker, and attested by two competent witnesses. An attested will is sometimes referred to as a simple will.

A joint will is a will created by two individuals, often spouses. The downside of joint wills is that nothing can be changed after one of the testators has passed away.

A testamentary trust will is a trust contained within a last will and testament. There may be more than one testamentary trust in each will.

A living will expresses an individual’s wishes regarding their medical treatment in cases of incapacity.

What Does a Well-Drafted Will Do?

Most wills are primarily concerned with what should happen to estate assets after the testator’s death. However, your will may have other purposes.

These include:
• Naming an executor, who will be entrusted with the management of the will during the probate process.
• Naming beneficiaries.
• Provide instructions for how and when beneficiaries will receive estate assets.
• Establish how debts, taxes, and creditors will be paid.
• Provide for family pets.
• Name guardians for your surviving children.

What Are Common Reasons to Dispute or Contest a Will?

There are several reasons why disappointed heirs may wish to challenge the validity of a will in a family law court.

These include:
• Suspicions of undue influence or coercion on the part of one of the beneficiaries.
• Accusations that the testator lacked the capacity to draft or revise a will.
• The belief that the will itself is counterfeit.
• Suspicions of fraud.

Schedule a Free Consultation with an Experienced Wills Lawyer Today

If you are considering drafting or revising a will, we recommend retaining legal counsel from experienced wills attorneys. Contact our law firm to schedule a free initial consultation with our wills attorney to discuss your case in more detail.

You may reach us at 336-962-5373.