Detailed Answer

When you want to remove someone named in your will, you must follow the same formalities required to create or change a will in the State of North Carolina. You have two main options: create a codicil or draft a new will. Both must meet the execution requirements found in N.C. Gen. Stat. § 31-1.1 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31/GS_31-1.1.html).

1. Create a Codicil. A codicil is a separate document that amends specific provisions of your will. It should clearly identify the original will’s date and state the exact changes—such as removing a beneficiary’s name or altering their gift. You must sign the codicil in the presence of two witnesses who also sign it. This method lets you keep your original will mostly intact while updating only the parts you need.

2. Draft a New Will. If you have multiple changes or want a clean, single document, drafting a new will may be easier. A new will should state that it revokes all prior wills and codicils, name beneficiaries as you now intend, and follow the formal requirements of N.C. Gen. Stat. § 31-1.1. Once executed, the new will replaces any earlier versions.

Key formal requirements under N.C. Gen. Stat. § 31-1.1 include:

• The will or codicil must be in writing.
• You must sign at the end of the document or acknowledge your signature.
• Two witnesses must see you sign and then sign themselves.

Tip: Mark the back of any revoked will or store it with a signed statement indicating you no longer want it used. This helps avoid confusion during probate.

Key Steps to Remove a Beneficiary

• Review Your Current Will: Identify the exact language naming the beneficiary and the gifts involved.
• Decide on a Codicil or New Will: Use a codicil for a single change. Draft a new will for multiple revisions or clarity.
• Draft the Document: State your intent clearly. For example, “I revoke the gift to [Name].”
• Execute with Formalities: Sign and date in the presence of two witnesses. Witnesses must sign as well (N.C. Gen. Stat. § 31-1.1).
• Revocation of Prior Documents: If you use a new will, include a clause revoking earlier wills and codicils.
• Secure Storage: Keep the original in a safe place and tell your executor or lawyer where to find it.
• Inform Your Executor: Let the person handling your estate know about the change so they can present the correct document at probate.

Conclusion and Next Steps

Removing a beneficiary requires attention to North Carolina’s formal requirements. Whether you use a codicil or draft a new will, you must sign in front of two witnesses. If you skip any step, a court may not honor your change.

At Pierce Law Group, our attorneys guide you through updating your will to reflect your wishes. To discuss removing a beneficiary or any other estate planning need, email us at intake@piercelaw.com or call us at (919) 341-7055. We help you keep your estate plan current and legally sound.