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NC Wills
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Will Execution
- must be 18
- Testamentary Intent
- Testamentary Capacity
- in Writing
- must have 3 witnesses, (2 witnesses must be disinterested)
- need signature of testator either in front of witnesses or testator to acknowledge his signature in front of witnesses
- witnesses must sign in presence of testator but no in each other's presence
- witnesses need not know they are signing a will
Testamentary Capacity
- Know the extent & nature of property
- Know the object of bounty
- know the disposition of property
- be able to understand how each of the above elements affect the other.
- That it be the testator will.
Revival of Will
- By codicil
- By 3rd will that references 1st will
Revocation of Will
- By executing a subsequent will with a provision revoking
- By performing a revocatory act w/ the intent and purpose of revoking the will. Destroying, Burning, defacing (must be complete defacement)
Holographic Wills
1- Testamentary Intent
2- Fully in testator's handwriting
3- testator must have written name or signed
4- found in a special place
5- need 3 witnesses to attest to handwriting
6- one witness to attest to special place
7- witnesses can be interested parties.
Anti lapse statute
Prevents bequests from lapsing if the beneficiary is a descendant of the testator's grandparents and is survived by issue.
Author
ronna009
ID
252861
Card Set
NC Wills
Description
NC Wills
Updated
2013-12-12T22:52:07Z
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