Invalid In North Carolina

What Makes A Will Invalid In North Carolina?

Wills and trusts are powerful and important estate planning tools that everyone should take advantage of to protect their assets and close family members. When you create a will, you essentially write down your last wishes on a legal document, and the law ensures that your wishes are carried out adequately. 

It is important to work with a will planning attorney in Monroe to ensure that the will you have created is valid. There are certain things that can invalidate a will, and learning about them will help you avoid an unpleasant situation. You do not want the judge to declare your will null and void after you have spent so much time planning and drafting it. 

Factors that make a will invalid in Monroe, North Carolina 

  1. It is not typed and signed by witnesses. 

If your will is written by hand and not typed, and at least two witnesses do not sign it, the court may declare it invalid. However, remember that the two witnesses should be beneficiaries or have any interest in your estate. Moreover, the witness should be at least 18 years of age or more. 

A handwritten will could be considered valid, but it becomes easier for anyone to edit it or claim it as fake. 

  1. There are multiple conflicting wills. 

One of the most complicated situations related to the probate process is when multiple wills created by the same person are discovered. Things can get even more complex when those documents have conflicting information. In such a situation, the North Carolina court resolves the dispute, producing only one valid will. All the other wills other than that are declared null and void. 

  1. The deceased lacked the capacity to draft a will at that time. 

Children do not have the legal authority to draft a will. According to the law in North Carolina, the testator should be 18 or more to form a will. One of the most common issues is a person who may lose their mental capacity in their older years. A will can be challenged on the ground that it was signed by a minor when it was drafted. 

  1. The deceased was forced. 

An adult with full legal and mental capacity has the ability to draft a will on their own and make decisions about their property and assets. If the will’s creator was forced by someone else to include certain terms for their benefit, it becomes invalid. 


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