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North Carolina Last Will and Testament for Divorced Person Not...

North Carolina Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Category:

Wills - For People with Children

State:

North Carolina

Control #:

NC-WIL-01400

Format:

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Understanding this form

This Last Will and Testament is specifically designed for individuals who are divorced, have not remarried, and have both adult and minor children. This legal document outlines how your assets will be distributed upon your death and allows you to appoint a personal representative. It includes provisions for specific bequests, establishes a trust for minor children, and ensures that your wishes are respected regarding guardianship. This form differs from standard wills by addressing the unique circumstances of divorced individuals with children.

Main sections of this form

Personal and contact information: Your name and county of residence.
Child information: Names and birthdates of all children, both minor and adult.
Bequests: Designation of specific assets to specific individuals.
Trust establishment: Creation of a trust for minor children until they reach a designated age.
Appointment of a guardian: Naming a guardian for minor children.
Executor designation: Naming a personal representative to administer your estate.

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When to use this document

This form is essential when you need to ensure that your wishes regarding asset distribution are legally documented after your passing. It is particularly important for those who have been divorced and want to specify arrangements for children of different ages. Use this form to clarify guardianship, manage financial affairs for minor children, and avoid disputes among heirs.

Who needs this form

Divorced individuals who have not remarried.
Parents with both minor and adult children.
Anyone wishing to clarify asset distribution and guardianship in the event of their death.
Individuals wanting to provide for the education and welfare of their minor children through a trust.

How to prepare this document

Identify yourself by entering your name and county of residence.
List your childrenâs names and their birthdates.
Specify any specific properties you wish to bequeath and to whom.
Establish a trust for minor children by indicating the age at which they will receive their assets.
Appoint a personal representative and, if necessary, a guardian for your minor children.
Sign the completed will in the presence of two witnesses to validate it.

Is notarization required?

Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

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Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Avoid these common issues

Failing to list all children and their correct birthdates.
Not signing the document in the presence of witnesses.
Leaving out critical information regarding specific bequests.
Omitting the appointment of a guardian for minor children.

Advantages of online completion

Convenient electronic completion and downloading.
Editable fields allow for easy customization to fit your specific circumstances.
Access to attorney-drafted legal language ensures compliance and effectiveness.
Secure storage options for your completed will, accessible anytime.

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Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in North Carolina, but does contain basic and other provisions. A discussion of handwritten wills is not included.

Who may make will: Any person of sound mind, and 18 years of age or over, may make a will. 31-1.

Will invalid unless statutory requirements complied with: No will is valid unless it complies with the requirements prescribed by North Carolina Law. 31-3.1.

Attested written will: An attested written will is a written will signed by the testator and attested by at least two competent witnesses as provided by this section. The testator must, with intent to sign the will, do so by signing the will himself. The testator must signify to the attesting witnesses that the instrument is his instrument by signing it in their presence which may be done before the attesting witnesses separately. The attesting witnesses must sign the will in the presence of the testator but need not sign in the presence of each other. 31-3.3.

Who may witness: Any person competent to be a witness generally in this State may act as a witness to a will. 31-8.1.

Self-Proved: An attested will may be made self-proved by affidavit of the testator and witnesses on an appropriate form. The form you have found contains the North Carolina self proving affidavit form. 31-11.6.

Executor competent witness: No person, on account of being an executor of a will, shall be incompetent to be admitted a witness to prove the execution of such will, or to prove the validity or invalidity thereof. 31-9.

Beneficiary competent witness; when interest rendered void: (a) A witness to an attested written will, to whom or to whose spouse a beneficial interest in property, or a power of appointment with respect thereto, is given by the will, is nevertheless a competent witness to the will and is competent to prove the execution or validity thereof. However, if there are not at least two other witnesses to the will who are disinterested, the interested witness and his spouse and anyone claiming under him shall take nothing under the will, and so far only as their interests are concerned the will is void. 31-10.

Manner of probate of attested written will:
(a) An attested written will may be probated in the following manner:
(1) Upon the testimony of at least two of the attesting witnesses; or
(2) If the testimony of only one attesting witness is available, then
a. Upon the testimony of such witness, and
b. Upon proof of the handwriting of at least one of the attesting witnesses who is dead or whose testimony is otherwise unavailable, and
c. Upon proof of the handwriting of the testator, unless he signed by his mark, and
d. Upon proof of such other circumstances as will satisfy the clerk of the superior court as to the genuineness and due execution of the will; or
(3) If the testimony of none of the attesting witnesses is available, then
a. Upon proof of the handwriting of at least two of the attesting witnesses whose testimony is unavailable, and b. Upon compliance with paragraphs c and d of subsection
(a)(2) of this section; or
(4) Upon a showing that the will has been made self-proved in accordance with the provisions of law.
(b) Due execution of a will may be established, where the evidence required by subsection (a) is unavoidably lacking or inadequate, by testimony of other competent witnesses as to the requisite facts.
(c) The testimony of a witness is unavailable within the meaning of this section when the witness is dead, out of the State, not to be found within the State, insane or otherwise incompetent, physically unable to testify or refuses to testify. 31-18.1.

Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Who may make will: Any person of sound mind, and 18 years of age or over, may make a will. 31-1.

Will invalid unless statutory requirements complied with: No will is valid unless it complies with the requirements prescribed by North Carolina Law. 31-3.1.

Who may witness: Any person competent to be a witness generally in this State may act as a witness to a will. 31-8.1.

North Carolina Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

This form is part of a form package!

Understanding this form

Main sections of this form

Related forms

When to use this document

Who needs this form

How to prepare this document

Is notarization required?

Get your form ready online

Avoid these common issues

Advantages of online completion

Looking for another form?

Viewed forms

Form popularity

Explore more forms

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