Often, a holographic will can be ripe for litigation and cost tens of thousands or more to get through the court system, and sometimes are determined to be invalid on one of a number of technicalities. Holographic wills are much easier to contest and are scrutinized more closely. This means that the Court will call multiple witnesses to testify or multiple witnesses must prepare affidavits to establish the validity of the handwriting and as to the location in which the Will was found. North Carolina does not require witnesses to sign holographic wills however, after the testator’s death, a holographic Will must go before the probate court to determine its validity.
In many cases, a holographic Will can be ambiguous or fail to establish clear meaning of the testator’s intentions. Holographic wills may seem like a more cost-effective route, but the truth of the matter is that they are only typically cost-effective to the testator. Lastly, the Will must be found after the testator’s death with the testator’s valuable papers or effects or in a place of safekeeping. The Will must have the testator’s name written in or on the Will also in the testator’s own handwriting. These Wills are known as holographic wills, and in order for North Carolina to recognize the validity of a holographic Will, there are three guidelines that must be followed.įor starters, North Carolina requires that the Will must be handwritten in its entirety in the testator’s own handwriting. In North Carolina, probate law allows the testator to create their own handwritten Will, without the assistance of a legal professional. With something as important as a Will, it is often not a good idea to muddle through when it comes to who gets your children when you die, who inherits your property, and who is in charge of carrying out your wishes. However, just like with a divorce or a speeding ticket, most people research it, read up on it, ask their friends or people that have been through it, and muddle through the process without having a complete understanding of what is happening and the options available to them, or whether what they are doing is in their best interest. However, it is not legally required to have an attorney to do a Will, and it is perfectly legal to do a will on your own without a lawyer, just like it is completely legal to handle your own divorce or your own speeding ticket. If a Will is improperly drafted and is found by the Court to be invalid, it can cause the testator’s family a lot of distress in the wake of an already trying time. Before an individual decides that the “do it yourself” route is best for them, they should examine their assets and personal property and make sure they understand the laws surrounding Will creation in North Carolina.
North Carolina law provides allowances for certain types of “do it yourself” Wills, but there are laws that govern the validity of these documents. Whatever the reason may be, it is important for one to understand the “do it yourself” Will process and how creating a Will without the assistance of an attorney can later affect the testator’s family after the testator has passed. Those reasons may include the cost associated with hiring an estate planning attorney, or the feeling that a lack of assets does not warrant a formal Will.
#South carolina does a will have to be notarized professional
There are many reasons why individuals may decide that preparing their own will, in lieu of seeking professional help, is the right route for them to take. The process of beginning to draft a Will can be a daunting task.
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