NC Wills

Card Set Information

Author:
ronna009
ID:
252861
Filename:
NC Wills
Updated:
2013-12-12 17:52:07
Tags:
NC Wills
Folders:
NC,Wills
Description:
NC Wills
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  1. 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
  2. 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.
  3. Revival of Will
    • - By codicil 
    • - By 3rd will that references 1st will
  4. 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)
  5. 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.
  6. Anti lapse statute
    Prevents bequests from lapsing if the beneficiary is a descendant of the testator's grandparents and is survived by issue.

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