Will Execution
Each state has its own laws governing Wills. Here’s a little bit about how to execute a North Carolina Will:
Who may make a Will? Any person of sound mind, and 18 years of age or over, may make a will.
What is an attested written will? An attested written will is a written will signed by the testator and attested by at least two competent witnesses.
How does the execution of a Will work? The testator must, with intent to sign the will, do so by actually signing the will or by having someone else in the testator’s presence and at the testator’s direction sign the testator’s name thereon. The testator must signify to the attesting witnesses that the instrument is the testator’s instrument by signing it in their presence or by acknowledging to them the testator’s signature previously affixed thereto, either of which may be done before the attesting witnesses separately. The attesting witnesses must sign the will in the presence of the testator but need not sign in the presence of each other.
Who can witness a Will? Any person competent to be a witness generally in this State may act as a witness to a will. No person, on account of being an executor of a will, shall be incompetent to be admitted a witness to prove the execution of such will, or to prove the validity or invalidity thereof. A witness to an attested written or a nuncupative will, to whom or to whose spouse a beneficial interest in property, or a power of appointment with respect thereto, is given by the will, is nevertheless a competent witness to the will and is competent to prove the execution or validity thereof. However, if there are not at least two other witnesses to the will who are disinterested, the interested witness and the interested witness’s spouse and anyone claiming under the interested witness shall take nothing under the will, and so far only as their interests are concerned the will is void. A corporation named as a trustee in a will is not disqualified to act as trustee by reason of the fact that a person owning stock in the corporation signed the will as a witness.
How are Wills made self-proving? Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and evidenced by the officer’s certificate, under official seal.
