Understanding Proper Will Execution in North Carolina

North Carolina law sets clear rules for what makes a will valid. Under N.C. Gen. Stat. § 31-2.1, a will must meet these requirements:

• It must be in writing.
• The testator must sign it, or direct another person to sign on the testator’s behalf, in the testator’s presence.
• Two competent witnesses must see the testator sign or acknowledge the signature and then sign it themselves.

Incapacity to read or write does not automatically invalidate a will. The law allows the testator to direct someone else to sign on their behalf, so long as the testator understands the document’s content and gives clear direction. Witnesses must attest that the testator had that understanding.

Grounds to Contest for Improper Execution

If a will fails to follow the formalities in § 31-2.1, an interested party can challenge it in probate court. Common issues include:

• No proper signature or mark by the testator or their representative.
• Witnesses did not observe the signing or acknowledgment as required.
• The testator lacked the mental capacity to understand the document when it was executed.

To contest, a party files an objection during probate. The court holds a hearing to decide if the will meets statutory requirements. If not, the court may declare it invalid and apply an earlier will or the laws of intestacy.

Evidence and Burden of Proof

The challenger must show by clear and convincing evidence that the will was not properly executed. Evidence can include:

• Testimony from witnesses about how the will was signed.
• Medical records or expert testimony on the testator’s condition (capacity to direct signature).
• Copies of drafts or other documents showing discrepancies.

Courts examine details closely. North Carolina courts will not excuse a missing formal step without strong proof of the testator’s intentions.

Key Takeaways

1. A disability to read or write does not nullify a will if you follow the signature and witness rules under N.C. Gen. Stat. § 31-2.1.
2. If you suspect a will is invalid, you can contest it during probate. You must prove it did not meet formal requirements.
3. Gather clear evidence on who signed, when, and how. Witness testimony is critical.
4. The court may use an earlier will or intestacy laws if the contested will fails.
5. Act promptly. North Carolina limits challenges to the probate process and timeframes apply.

If you face a contested will over execution issues, Pierce Law Group can help. Our attorneys guide you through probate, gather evidence, and present your case effectively.

Contact Pierce Law Group

Don’t leave your loved one’s estate in doubt. Call us to protect your rights and ensure a valid distribution under North Carolina law. Reach out by email at intake@piercelaw.com or call (919) 341-7055.