This will must be signed in the presence of two witnesses, not related to you or named in your will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the will.
Raleigh North Carolina Last Will and Testament for Divorced and Remarried Person with Mine, Yours and Ours Children
Category:
State:
North Carolina
City:
Raleigh
Control #:
NC-WIL-01704
Format:
Word;
Rich Text
Instant download
Description
This is a Legal Last Will and Testament Form with Instructions for Divorced and Remarried Person with Mine, Yours and Ours Children. The will you have found is for a divorced person who has remarried. This will is to be used when there are children of the present marriage and either one or both spouses have children from prior marriages. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also establishes a trust for the estate left to the minor children.
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How to fill out North Carolina Last Will And Testament For Divorced And Remarried Person With Mine, Yours And Ours Children?
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FAQ
Under North Carolina's statute regarding wills, divorce doesn't revoke the entire document. Per North Carolina General Statute § 31-5.4, dissolving your marriage only affects the provisions in the will that applied to your spouse during your marriage.
Under North Carolina law, a will is filed with the court after the death of the testator. N.C.G.S. § 28A-2A-1. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an ?executor? or ?administrator?).
Does divorce nullify a will? Divorce does not automatically cancel your existing will, nor does it reinstate your will from before you were married. Your current will remains valid after your divorce is finalised but, if your former partner is named in your will, they will be treated as if they died before you.
To be valid, the person making the Will (the testator) must, with the intent to sign the Will, sign it personally or direct another person to sign it in the testator's presence.
Although your will does remain valid after divorce, your ex-spouse will no longer be able to benefit from it, unless you have expressly stated otherwise. They will also no longer be able to act as an executor or trustee under your will.
Neither marriage or divorce nor the birth or adoption of a child revokes a will. Marriage does alter a will to the extent that North Carolina law provides an ?elective share? of a deceased person's estate to his or her spouse.
Lack of a Signature and/or Witnesses A will that is unsigned or fails to meet the witness requirements may not be legally enforceable under North Carolina state law. You can contest a will on these grounds.
Dissolution of marriage by absolute divorce or annulment after making a will does not revoke the will of any testator but, unless otherwise specifically provided in the will, it revokes all provisions in the will in favor of the testator's former spouse or purported former spouse, including, but not by way of
Technically, you do not need to file your will with the court while you are still living. But, it could be beneficial to your family or your executor to have the will entrusted to a third party where it can easily be produced.
A handwritten will in North Carolina can be valid but it is very easy for it to be disputed and thrown out by a court. Therefore, if you are considering handwriting your own will, make sure it is entirely in your own handwriting, you sign it, and you store it in a safe place.