North Carolina Revocation of Will

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Multi-State
Control #:
US-0484BG
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Description

A revocation typically occurs when someone wishes to extinguish an old will due to a change in beneficiaries. Such circumstances typically occur after a divorce, remarriage, or similar change in situation. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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FAQ

Though there are some special provisions if the maker (also known as the Testator) was unable to write a full signature when the Will was made, a Will in North Carolina is not valid unless it is signed ing to the North Carolina's legal signing requirements.

Improper Execution: A will must be executed in strict compliance with the requirements set forth in the North Carolina General Statutes. If not, the will is invalid. Revocation: If the person challenging a will at a caveat proceeding demonstrates that a will maker's will has been revoked, the will is invalid.

Most wills in North Carolina exist in written form. The law provides two ways to revoke a written will: by making a new, properly executed will or by physically destroying the will. If you choose to make a new will, be sure to follow all required formalities and include dates as appropriate.

The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the ?testator? or ?testatrix?, and (c) signed by two witnesses who were present to witness the execution of the document by the maker ...

Express Revocation of Will Format: ?I declare this will to be my last will and testament, and I revoke all prior wills and codicils.? With implied revocation, there are no declarations within the will or codicil about your intention to make all prior wills and codicils null and void.

Such property may include life insurance policies, retirement accounts, joint bank accounts, and annuities. Land and houses generally are not administered through the probate estate unless the will provides otherwise or the sale of these assets is needed to pay estate debts.

However, the codicil will effectively revoke the inconsistent portions of the will. Handwritten changes to a handwritten will are permitted, but there are certain requirements that must be completed in order for a handwritten change to a typewritten will to be effective.

PRESUMPTION OF REVOCATION AND ITS PURPOSE UNDER CALIFORNIA LAW. Under section 6124 of the Probate Code, a ?lost will? is presumed to have been destroyed by the testator to revoke the will.

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North Carolina Revocation of Will