Q: Are hand written wills legal in North Carolina,
A: Yes, so long as the entire Will is handwritten by the Testator, and signed by the Testator (the one writing the Will). There is no requirement that it be signed by any witnesses.
A:
A hand written will is referred to as a Holographic will.
In North Carolina a Holographic will must be written entirely in the testator's (person executing the will) handwriting. Anything else on the will not in the testator's handwriting will not have any affect on how valid the parts written in the testator's handwriting are. 31-3.4. Holographic will.
The Holographic will must also be signed by the testator or at least have his or her name on the will in his or her own handwriting.
Finally the Holographic will must be found among other valuable papers or in a safety-deposit box or somewhere else safe that the testator put it or authorized someone else to place it for safekeeping.
It is always a good idea to have the Holographic will reviewed by an attorney and to also make sure no legally prepared or typed document was also prepared that could be used to contest the handwritten will.
*Please note that I am not representing you and am not giving you legal advice as a client. Always contact an attorney to have one-on-one legal advice and an answer that will address your exact position.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.