§ 31-63 – Filing of action for reformation or modification of will; bar to caveat.
31-63. Filing of action for reformation or modification of will; bar to caveat. (a) An action for reformation or modification of a will shall be filed in the superior court division of the General Court of Justice under Article 26 of Chapter 1 of the General Statutes. (b) The personal representative is a necessary party […]
§ 31-47 – Testamentary additions to trusts.
31-47. Testamentary additions to trusts. (a) A will may validly devise property to: (1) The trustee of a trust established before the testator’s death by the testator, by the testator and some other person, or by some other person, including a trust authorized by G.S. 36C-4-401.1; or (2) The trustee of a trust to be […]
§ 31-51 – Incorporation by reference.
31-51. Incorporation by reference. A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (2007-184, s. 2.)
§ 31-52 – Acts and events of independent significance.
31-52. Acts and events of independent significance. A will may dispose of property by reference to acts and events that have significance apart from their effect upon the disposition made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. These acts and events […]
§ 31-61 – Reformation of will to correct mistakes.
31-61. Reformation of will to correct mistakes. The court may reform the terms of a will, if the terms of the will are ambiguous, to conform the terms to the testator’s intent if it is proved by clear and convincing evidence what the testator’s intent was and that the terms of the will were affected […]
§ 31-62 – Modification of will to achieve testator's tax objectives.
31-62. Modification of will to achieve testator’s tax objectives. To achieve a testator’s tax objectives, the court may modify the terms of a will in a manner that is not contrary to the testator’s probable intent. The court may provide that the modification has retroactive effect. (2017-152, s. 1.)
§ 31-41 – Will relates to death of testator.
31-41. Will relates to death of testator. Every will shall be construed, with reference to the real and personal estate comprised therein, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will. (1844, c. 88, s. 3; R.C., […]
§ 31-42 – Failure of devises by lapse or otherwise; renunciation; 120-hour survivorship requirement, revised simultaneous death act, Article 24, Chapter 28A.
31-42. Failure of devises by lapse or otherwise; renunciation; 120-hour survivorship requirement, revised simultaneous death act, Article 24, Chapter 28A. (a) Unless the will indicates a contrary intent, if a devisee predeceases the testator, whether before or after the execution of the will, and if the devisee is a grandparent of or a descendant of […]
§ 31-45 – Rewritten and renumbered as G.S31-5.5 by Session Laws 1953, c1098, s7.
31-45: Rewritten and renumbered as G.S. 31-5.5 by Session Laws 1953, c. 1098, s. 7.
§ 31-46 – Validity of will; which laws govern.
31-46. Validity of will; which laws govern. A will is valid if it meets the requirements of the applicable provisions of law in effect in this State either at the time of its execution or at the time of the death of the testator, or if any of the following apply: (1) The will’s execution […]