June 9, 2008
What is consider a Last Will and Testament
Traditionally the word “will” applied to the distribution of real property and the word “testament” applied to the distribution of personal property. North Carolina considers the word “will” to include both real and personal property.
The State of North Carolina recognizes written and oral Last Will and Testaments. One that is written can be either attested (witnessed) or unattested (not witnessed).
Holographic Will (Does not require a witness)
This Last Will and Testament must be written entirely in the testator’s (the person making the Will) handwriting; must be signed by the testator and it must be found among the testator’s personal papers and effects. There is no requirement that it be signed by witnesses.
Attested Will (Requires a witness)
This is the most common type of Last Will and Testament. It must be in writing, signed by the testator and attested to by at least two competent witnesses in the presence of the testator.
Nuncupative Will (oral)
This Last Will and Testament must be spoken in front of two witnesses during the testator’s last illness. It must also be put into writing within 10 days of being spoken. This type of Last Will and Testament can only be used to pass personal property and not real estate.
Regardless of the form, it is always in your best interest to consult an Estate Planning attorney first.
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