North Carolina Last Will and Testament Sample written by: CarolinaWillsandTrusts.com
LAST WILL AND TESTAMENT
(testator’s address and location)
(testator’s state issued ID)
MAKE A DECLARATION: state that this is your last will and testament, that you are of sound mind and health and that the will details what needs to be if and when you pass on. Use the statement: “I declare that this is my last will and testament”.
CANCEL ALL PREVIOUS WILLS: state that you hereby revoke all previous wills and testamentary depositions made by you.
ATTEST THAT YOU ARE OF SOUND MIND: declare that at the time of your making of the will you are of sound mind and of legal age. You can also state that you have attached perhaps a video to as proof of your sound mind at the time.
(state that you are of sound mind)
(state that you are of legal age and provide documents to approve of it.)
(state that you have provided a video as proof of your sound mind)
ATTEST THAT YOUR WISHES WERE NOT MADE UNDER DURESS: in case of undue influence you should contact an attorney to clear you of any such problems, but otherwise state that “the will expresses your wishes made wilfully and that you were not under duress”
GIVE YOUR FAMILY DETAILS: in case you are married state the name of your spouse, if you have children you should also state and give the number of children.
(state the first and last name of your spouse)
(state the full names of your children and perhaps their ages)
APPOINT AN EXECUTOR: this is someone who will ensure that your terms of the will and all your wishes are adhered to. You should also have a substitute executor just in case your firs executor will be rendered not fit to execute your will. In case of a very large estate the testator should make sure the executor posts bond so as to protect the will from misuse of your estate this is however not necessary for a small estate as posting bond is quite expensive.
(give the first and last name of the executor and declare that you have nominate him/her as your executor)
(state the first and last name of your substitute executor if your first appointed executor is unable or unwilling to serve at your time of death.)
EMPOWER THE EXECUTOR: authorize the executor as your legal person to execute your wishes there in stated in your will. That the executor will act in your interest regarding your estate, debts, funeral expenses and other items.
(state that your executor should deal with your estate at the time of your death depending on the circumstances by either leasing it, mortgaging or thus transferring it to your spouse, children or any other benefactor.
(state if your executor should state bond or serve without bond)
BEQUEATHING YOUR ASSETS: you have to determine all of your assets that need to be legally bequeath since it is not possible to bequeath all assets legally and certain factors come in. for example prenuptial agreements affect what you can legally bequeath in your will. Also examine the laws in your state to ascertain that they do not affect how you distribute your assets.
STATE THE DIVISION OF YOUR ASSETS: clearly state how your assets should be divide in either fractions which should add up to one or percentages which should add up to a hundred.
(state that for example a fifth of your estate goes to your spouse)
In case you are giving you property to someone who is not a family member when a living family member is there then you should appoint an attorney to oversee your wishes.
SPECIFY DISTRIBUTION OF EACH AND EVERY ASSET: in case of you have preferences and you want a particular asset to be given to a specific person then you should state the name of the person. This particular asset will not be included in the percentage of your estate and thus the remainder of your assets will be shared among the beneficiaries. You should be very detailed with your dispositions by naming all of your assets and stating all full names of beneficiaries.
(state that for example your house goes to your wife and a quarter of the remaining assets goes to your daughter)
IN CASE A BENEFICIARY DIES BEFORE YOU: you should state who takes over the allocated property of a beneficiary in case of an untimely death.
(state that for example the a fifth of my estate I bequeath my wife should she survive me otherwise the share should pass to my son in case my son survives myself and my wife)
IN CASE OF MINOR CHILDREN: designate a legal guardian to your children in case of unavoidable circumstance such as an illness.
YOU CAN ALLOCATE GIFTS ON CONDITION: in case you have a gift to leave to someone in case that person graduates you should state it.
SPECIAL REQUESTS: in case you want to determine how your funeral should be handled you should state here.
(for example state that my remains should be cremated)
FINALIZING YOUR WILL: once you have stated all of your wishes and you feel that the document is complete then conclude it with a signature, name, date and your location. The signing of the document should however be according to the laws of North Carolina failing to adhere to may affect the validity of your will.
(state your name, signature and location)
WILL SHOULD BE SIGNED IN THE PRESENCE OF WITNESSES: a will must be signed in the presence of two witnesses who then sign a statement that you are of legal age and sound mind and will was signed in their presence
(name and signatures of witnesses)
MAKING CHANGES TO YOUR WILL: after the will has been signed you should not make changes otherwise the signatures of your witnesses will be rendered null and void.
CHANGE OF ASSETS: in case assets change after you have finalized your will you should edit the will to include these changes or execute a new will.
MAKE CHANGES WITH A CODICIL: in case of minor changes create a minor document that refers to the original will and serves as a minor amendment and not a replacement.
SORTING OF YOUR WILL: once you are done with all the legal procedures and your will is all processed, you should file it in a safe place so that it is not destroyed ensure that it is not destroyed.
YOUR EXECUTOR SHOULD HAVE A COPY: hand over a copy of your will to your executor just in case something happens to your first will.