What Are My Options When a Will Is Altered Near the End of Life in North Carolina?

Understanding Altered Wills Near the End of Life

Alterations to a will made near the end of life raise important legal questions. North Carolina law sets strict rules for valid wills and codicils. Knowing your options helps you protect the testator’s true intentions.

Formal Execution Requirements

North Carolina requires a will to bear the testator’s signature in the presence of two competent, disinterested witnesses. Each witness must sign in the presence of the testator and one another. See N.C.G.S. § 31-2.1.

Validating Codicils and Amendments

Changes to a will after its execution require a codicil. A codicil must follow the same formalities as the original will, including witness signatures. Treat the codicil as a separate document that modifies the earlier will. See N.C.G.S. § 31-2.1.

Revocation and Physical Alterations

Under N.C.G.S. § 31-4.8, a will revokes any earlier will or codicil when properly executed. Striking through language or adding text without meeting formalities does not create a valid revocation or amendment.

Challenging Improper Changes

You can challenge a will if alterations lack the required formalities, result from undue influence, fraud or testator incapacity. File a will contest under N.C.G.S. § 31-48 and related provisions. The court will review evidence such as medical records, witness statements and drafting history.

Lost or Destroyed Original Wills

If the original will is missing but you have a copy, you may offer the copy into probate by proving the testator did not intend to revoke it. See N.C.G.S. § 31-5. Prepare affidavits or witness testimony to recreate the original contents.

Key Steps to Protect the Testator’s Intent

• Review Execution Formalities: Confirm the presence of signatures and witnesses.
• Identify Alterations: Determine whether changes qualify as a valid codicil.
• Gather Evidence: Collect medical records, witness accounts and draft versions.
• Observe Deadlines: File a contest within 120 days of probate entry or two months after filing a caveat.
• Consult Probate Counsel: Discuss strategy and options with an experienced attorney.

Conclusion and Next Steps

When someone alters a will near the end of life, act quickly to protect the testator’s wishes. Pierce Law Group has experienced probate attorneys ready to guide you through North Carolina’s formalities and deadlines. Contact us by email at intake@piercelaw.com or call (919) 341-7055 to discuss your case today.