NC Law Requiring Name of Drafting Attorney on Wills Clarified

Effective January 1, 2010  North Carolina law required (1) that a Will prepared by an attorney contain the name of the attorney as the drafter; and (2) that an attorney who drafts the will of relative with a bequest or devise to the attorney must attach an affidavit stating that he or she is in compliance with the law that prohibits drafting such wills unless the testator is a relative.

These laws are repealed as of July 1, 2010.

As worded initially, it was not clear if failure to comply with the statutes invalidated the Will.  This has been clarified - the law now provides that failure to include the drafting attorney's name or the required affidavit does not invalidate the Will.

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.ncestateplanningblog.com/admin/trackback/219171
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.