Newton, NC asked in Estate Planning for North Carolina

Q: Are hand written wills legal in North Carolina,

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2 Lawyer Answers
Angela L. Haas
Angela L. Haas
Answered
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed 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.

Ashley Kevitt
Ashley Kevitt
Answered
  • Estate Planning Lawyer
  • Chapel Hill, NC

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.

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