§ 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 […]
§ 31-46.1 – Construction of certain formula clauses applicable to estates of decedents dying in calendar year 2010.
31-46.1. Construction of certain formula clauses applicable to estates of decedents dying in calendar year 2010. (a) Purpose. – The federal estate tax and generation-skipping transfer tax expired January 1, 2010, for one year. To carry out the intent of decedents in the construction of wills and trusts and to promote judicial economy in the […]
§ 31-38 – Devise presumed to be in fee.
31-38. Devise presumed to be in fee. When real estate shall be devised to any person, the same shall be held and construed to be a devise in fee simple, unless such devise shall, in plain and express words, show, or it shall be plainly intended by the will, or some part thereof, that the […]
§ 31-39 – Probate necessary to pass title; rights of lien creditors and purchasers; recordation in county where real property lies.
31-39. Probate necessary to pass title; rights of lien creditors and purchasers; recordation in county where real property lies. (a) A duly probated will is effective to pass title to real and personal property. (b) A will is not effective to pass title to real or personal property as against lien creditors or purchasers for […]
§ 31-40 – What property passes by will.
31-40. What property passes by will. Any testator, by the testator’s a will duly executed, may devise or dispose of all real and personal property which the testator shall be entitled to at the time of the testator’s death, and which, if not so devised or disposed of, would descend or devolve upon the testator’s […]