A will is a legal document that transfers a person’s property according to their wishes upon the testator's, or will maker’s, death. Those people who collect under the terms of the will, known as the beneficiaries, do not acquire any rights under the will until the will maker’s death. The will maker may change his or her will at any time prior to his or her death, so long as they have testamentary capacity to do so.North Carolina Unattested Wills
In addition to the attested will described above, the North Carolina General Statutes hold that two other types of wills are valid if executed in accordance with the applicable laws, a Holographic Will (North Carolina G.S. 31-3.4) and a Nuncupative Will (North Carolina G.S. 31-3.5).
Holographic Wills
Like an attested will, a holographic will in North Carolina is a will that is in writing. However, there are numerous requirements that make a holographic will much different than a last will and testament. For a holographic will to be valid, it must include the following:
- Writing: The holographic will must be written entirely in the handwriting of the testator.
- Subscribed or Containing the Testator’s Name: The testator must either (1) sign his or her name at the end of the holographic will, or (2) include his or her name in or on the will in his own handwriting.
- Safe Place: After the testator’s death, the holographic will must be found in one of following places where it was deposited by the testator under his or her authority:
- Among his or her valuable papers and effects;
- In a safe deposit box or other safe place; or
- In possession of a person, firm, or corporation where it was deposited for safekeeping.
Nuncupative Wills
Unlike an attested will and a holographic will, a nuncupative will is an oral will. For a nuncupative will to be valid in North Carolina, it must meet the following requirements:
- Oral: The nuncupative will is made orally.
- Last Sickness: The nuncupative will is made by a person in his or her last sickness or who is in imminent peril of death.
- Person Does Not Survive: The person making the oral will does not survive such sickness or imminent peril.
- Two Competent Witnesses: Two competent witnesses are simultaneously present during the making of the nuncupative will and such witnesses were expressly requested by the testator to bear witness.
