LAST WILL AND TESTAMENT
OF [TESTATOR FULL LEGAL NAME]
State of North Carolina
County of [COUNTY]
Effective Date: _______
[// GUIDANCE: Replace bracketed terms with client–specific information. Where optional paragraphs appear, delete if inapplicable and renumber. Comments may be removed in the execution version.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
A. Attestation Clause
B. Self-Proving Affidavit (N.C. Gen. Stat. § 31-11.6)
I. DOCUMENT HEADER
This LAST WILL AND TESTAMENT (this “Will”) is made by me, [TESTATOR FULL LEGAL NAME] (“Testator”), presently a resident of [STREET ADDRESS, CITY], [COUNTY] County, North Carolina, being of legal age and of sound mind and memory, and acting voluntarily and free from duress or undue influence.
In consideration of the premises and the mutual covenants herein, I hereby revoke all prior wills and codicils and declare this to be my Last Will and Testament.
II. DEFINITIONS
For purposes of this Will, the following terms have the meanings set forth below:
“Child” or “Children” – My biological or legally adopted descendants in the first degree of lineal consanguinity, including posthumous children.
“Executor” – The Personal Representative of my Estate appointed in Section III.2.
“Estate” – All probate assets owned by me at death, wherever situated, together with any property passing to the Executor by reason of this Will.
“Fiduciary” – Each Executor, guardian, or other personal representative acting under this Will.
“Issue” – All lineal descendants of a person of all generations, with the relationship of parent and child determined according to North Carolina law in force at my death.
“Residue” – The remainder of my Estate after payment of debts, expenses, taxes, and satisfaction of all specific bequests.
[// GUIDANCE: Add additional defined terms as needed to fit the client’s dispositive scheme.]
III. OPERATIVE PROVISIONS
3.1 Family Information
I am married to [SPOUSE NAME] (“Spouse”). We have the following children: [LIST CHILDREN BY NAME AND DATE OF BIRTH].
[Optional if unmarried: “I am not presently married and have no living children.”]
3.2 Appointment of Executor
3.2.1 I appoint [PRIMARY EXECUTOR] as Executor of my Estate.
3.2.2 If [PRIMARY EXECUTOR] fails or ceases to serve, I appoint [ALTERNATE EXECUTOR] as successor Executor.
3.2.3 No bond shall be required of any Executor acting hereunder unless mandated by the probate court.
3.3 Payment of Debts, Expenses, and Taxes
My Executor shall pay from my Estate all enforceable debts, last illness and funeral expenses, estate administration expenses, and all estate and inheritance taxes attributable to property passing under this Will or otherwise, without apportionment, except as otherwise provided by law.
3.4 Specific Bequests
I give and bequeath the following:
a. [Description of Item or Amount] to [Beneficiary Name and Relationship].
b. [Repeat as necessary].
Any specific bequest that fails shall pass to my Residuary Estate unless otherwise provided.
3.5 Residuary Estate
I give, devise, and bequeath all the residue and remainder of my Estate, real and personal, tangible and intangible, of every kind and wherever situated, to [RESIDUARY BENEFICIARY NAME].
[Alternative distribution scheme may be inserted—e.g., “to my children, per stirpes.”]
3.6 Guardianship of Minor Children
If at my death any of my children are under eighteen (18) years of age, I nominate [PRIMARY GUARDIAN] as guardian of the person and estate of such minor child(ren), and [ALTERNATE GUARDIAN] as alternate guardian.
3.7 Digital Assets
My Executor shall have authority to access, handle, distribute, or dispose of my digital assets and electronic communications to the fullest extent permitted under the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in North Carolina.
3.8 Powers of Executor
In addition to powers conferred by law, my Executor may without court order:
a. Sell, lease, exchange, or otherwise dispose of property (real or personal) at public or private sale.
b. Settle or compromise claims for or against the Estate.
c. Continue any business in which I may have an interest.
d. Make distributions in cash or in kind, or partly each, without regard to proportionate share of unrealized gain or loss.
e. Employ and compensate professionals, including attorneys, accountants, and investment advisors.
Such powers shall be construed in the broadest lawful manner.
IV. REPRESENTATIONS & WARRANTIES
4.1 Legal Capacity. I hereby represent that I am at least eighteen (18) years of age and domiciled in the State of North Carolina.
4.2 Testamentary Intent. I warrant that this instrument expresses my free and considered disposition of property and is executed voluntarily.
V. COVENANTS & RESTRICTIONS
All Fiduciaries shall:
a. Act in good faith and in the best interests of the beneficiaries;
b. Maintain accurate books and records available for inspection by beneficiaries upon reasonable request; and
c. Provide an annual accounting unless waived in writing by all competent residuary beneficiaries.
VI. DEFAULT & REMEDIES
6.1 No-Contest (In Terrorem) Clause
Any beneficiary who directly or indirectly contests this Will or any of its provisions, or who assists another in doing so, shall forfeit and be deemed to have predeceased me as to any share provided herein, and such share shall lapse into the Residuary Estate. This clause shall not apply to a petition merely seeking construction or clarification.
6.2 Removal of Fiduciary
A beneficiary or co-Fiduciary may petition the [County] Clerk of Superior Court (Estate Division) for removal of a Fiduciary for cause, including but not limited to breach of fiduciary duty, incapacity, or persistent failure to perform.
VII. RISK ALLOCATION
7.1 Executor Indemnification
The Executor shall be indemnified out of the Estate against all claims, liabilities, and expenses (including reasonable attorneys’ fees) incurred by reason of lawful acts or omissions in the execution of fiduciary duties, except for acts of willful misconduct or gross negligence.
7.2 Limitation of Liability
Each Fiduciary’s liability shall be limited to the extent of Estate assets under that Fiduciary’s control; no personal liability shall attach except for willful misconduct or gross negligence.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Will shall be governed by and construed in accordance with the laws of the State of North Carolina.
8.2 Exclusive Venue. Exclusive venue for any proceeding relating to this Will shall lie in the Superior Court Division of the General Court of Justice, sitting as the probate court in [COUNTY] County, North Carolina.
8.3 Arbitration. Arbitration is not available for matters of probate under North Carolina law.
8.4 Jury Waiver. Jury trial is not available in probate matters.
8.5 Injunctive Relief. The probate court may issue injunctive or equitable relief, including temporary restraining orders, as necessary to preserve Estate assets pending resolution of any contest.
IX. GENERAL PROVISIONS
9.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall continue in full force and effect.
9.2 Headings. Section headings are for convenience only and shall not affect interpretation.
9.3 No Merger. This Will constitutes the entire disposition plan and supersedes all prior instruments.
9.4 Counterparts & Electronic Signatures. This Will may be executed in multiple counterparts, each of which shall be deemed an original. Electronic or remotely notarized signatures are not permitted for attested wills under current North Carolina law.
9.5 Gender & Number. Words of any gender include all genders, and words in the singular include the plural and vice versa.
X. EXECUTION BLOCK
I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this instrument on this _ day of __, 20__, at ______, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament and that I sign it willingly, that I execute it as my free and voluntary act for the purposes herein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
[TESTATOR FULL LEGAL NAME], Testator
A. Attestation Clause (N.C. Gen. Stat. § 31-3.3)
We, [WITNESS #1 FULL NAME] and [WITNESS #2 FULL NAME], respectively, being duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed this Will in our presence, that the Testator appeared to us to be of sound mind and lawful age, and that each of us signed this Will as witness in the presence of the Testator and each other.
Witness #1: ____
Name: _____
Address: ________
Witness #2: ____
Name: _____
Address: ________
[// GUIDANCE: A third witness line may be included as an additional safeguard or if required by testator preference.]
B. Self-Proving Affidavit (N.C. Gen. Stat. § 31-11.6)
State of North Carolina )
County of ______ ) ss.:
Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me to be the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all being duly sworn, each declared to me that the Testator signed the instrument as the Testator’s Last Will and Testament and that the Testator had signed willingly (or expressly directed another to sign for the Testator), and that each witness, in the presence and hearing of the Testator, signed the Will as witness and that, to the best of their knowledge, the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
Subscribed, sworn, and acknowledged before me by the Testator and witnesses on this _ day of __, 20__.
Notary Public: ______
My Commission Expires: ____
[SEAL]
[// GUIDANCE:
1. Attach any separate lists referenced in Section 3.4 (e.g., Tangible Personal Property Memorandum) in compliance with N.C. Gen. Stat. § 31-51.
2. Confirm witness competency and disinterest to avoid partial invalidation of gifts under N.C. Gen. Stat. § 31-10.
3. File the original Will with the Clerk of Superior Court for the county of domicile within two (2) years after death pursuant to N.C. Gen. Stat. § 28A-2A-1.
4. Review this template for federal and state estate-tax implications exceeding the unified credit at death.]