[TESTATOR=S NAME]
I, [name of testator], domiciled in [name_of_county] County, North Carolina, declare this to be my last will, hereby revoking all wills and codicils heretofore made by me.
At the time of the execution of this Will, my immediate family group consists of [immediate family members and their relationships].
I. I direct that all my just debts, my funeral and burial expenses, and the cost of
administration of my estate be paid out of the assets of my estate as soon as practicable after my death. However, I direct that my Executor may cause any debt to be carried, renewed and refinanced from time to time and upon such terms as my Executor may deem advisable taking into consideration the best interest of the beneficiaries hereunder. Provided further that any debts that could be barred by the applicable statutes of limitation shall not be paid as a debt of my estate.
II. I direct that all taxes (including any interest and penalties thereon) imposed by any taxing authority because of my death shall be paid by my executor out of my residuary estate,
Page 2 of 5 of Last Will and Testament of [client name]
III. I give to [name of beneficiary], if [s/he] shall survive me, all the tangible personal property which I own at the time of my death, including motor vehicles. If [beneficiary] does not survive me, I give the same to [alternate beneficiary]. My executor shall have the sole discretion to divide the property into such shares as he or she sees fit, taking into consideration the wishes of beneficiaries.
I may leave a writing which, although not a part of my will, expresses my desires concerning the disposition of my tangible personal property. I request, but do not require, that my wishes as set forth in any such writing be observed.
If, with respect to the above made bequests, to effect delivery of my tangible personal property to a beneficiary, it becomes necessary to incur expenses of shipment to complete the delivery, my estate and not the beneficiary who is to receive that bequest shall arrange for and pay the costs of shipment incurred in making such delivery.
IV. I give all the rest, residue and remainder of my estate to [name of beneficiary], if [s/he] survives me. If [name of beneficiary] does not survive me, I give all the rest, residue and remainder of my estate to [alternate beneficiary]. .
V. If any beneficiary and I should die under circumstances as would render it doubtful whether the beneficiary or I died first, or if any beneficiary should die within thirty (30) days of
Comment [AR1]: This sentence is not needed if there is only one beneficiary.
Page 3 of 5 of Last Will and Testament of [client name]
predeceased me.
VI. In this Will, the terms "executor" and "testator" are used to refer to both male and female individuals, in lieu of using the terms "executrix" and "testatrix."
VII. I appoint [executor], of [county] County, North Carolina, to be executor of this my last will. If [executor] shall predecease me or for any reason shall fail to qualify as executor
hereunder, or having qualified, shall die or resign, then I appoint [alternate executor], of [county] County, North Carolina as substitute or successor executor. My executor, and any successor, shall serve without bond.
VIII. I give and grant to my Executor and to any successor Executor all of the powers
enumerated in North Carolina General Statutes Section 32-27 and Section 28A-13-3, which powers are hereby incorporated by reference and shall be considered a part of this Will. These powers are granted pursuant to N. C. General Statutes ' 32-26 and shall be in addition to and not in limitation of the common law and statutory powers of fiduciaries.
IX. Unless otherwise directed in this will, whenever the executor or the trustee of any trust
Page 4 of 5 of Last Will and Testament of [client name]
one years of age on the date of such distribution, the executor or trustee shall be authorized to make such distribution to an adult person duly appointed by such executor or trustee as Custodian for such person under the North Carolina Uniform Transfers to Minors Act.
I, [name of testator], the testator, sign my name to this instrument this day of , [current year], and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
______________________________________ [Testator=s name]
We, , and , the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs or places [her/his] mark before me and executes this instrument as [her/his] last will and that [she/he] signs it willingly (or willingly directs another to sign for [her/him]), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and to the best of our knowledge, the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.
______________________________________ WITNESS
Page 5 of 5 of Last Will and Testament of [client name]
______________________________________ WITNESS
STATE OF NORTH CAROLINA
COUNTY OF _____________________
Subscribed, sworn to and acknowledged before me by [Testator=s name], the testator, and subscribed and sworn to before me by witnesses, , and this day of __________________, [current year].
________________________________________ Notary Public
Page 1 of 5 of Last Will and Testament of [client name] [This Will was prepared by the Duke Legal Project, (919) 613-7169.]
LAST WILL OF
[Testator=s name]
I, [Testator=s name], domiciled in [Testator=s County of Res.]County, North Carolina, declare this to be my last will, hereby revoking all wills and codicils heretofore made by me.
At the time of the execution of this Will, my immediate family group consists of my
husband, [husband] name, (referred to in this Will as Ahusband@) and my children, [children’s names].
I.
I direct that all my just debts, my funeral and burial expenses, and the cost of administration
of my estate be paid out of the assets of my estate as soon as practicable after my death. However, I
direct that my Executor may cause any debt to be carried, renewed and refinanced from time to time
and upon such terms as my Executor may deem advisable taking into consideration the best interest
of the beneficiaries hereunder. Provided further that any debts that could be barred by the applicable
statutes of limitation shall not be paid as a debt of my estate.
II.
I direct that all taxes (including any interest and penalties thereon) imposed by any taxing
authority because of my death shall be paid by my executor out of my residuary estate, specifically
Page 2 of 5 of Last Will and Testament of [client name]
III.
I give to my [husband], if he shall survive me, all the tangible personal property which I own
at the time of my death, including motor vehicles. If my said husband does not survive me, I give
the same in shares of equal value among my children who survive me. My executor shall have the
sole discretion to divide the property among my children, taking into consideration their wishes.
I may leave a writing which, although not a part of my will, expresses my desires concerning
the disposition of certain of my tangible personal property. I request, but do not require, that my
wishes as set forth in any such writing be observed.
If, with respect to the above made bequests, to effect delivery of my tangible personal
property to a beneficiary, it becomes necessary to incur expenses of shipment to complete the
delivery, my estate and not the beneficiary who is to receive that bequest shall arrange for and pay
the costs of shipment incurred in making such delivery.
IV.
I give all the rest, residue and remainder of my estate to my husband, if he survives me. If
my said husband does not survive me, I give the same in shares of equal value among my children
who survive me.
V.
If any beneficiary and I should die under circumstances as would render it doubtful whether
the beneficiary or I died first, or if any beneficiary should die within thirty (30) days of me, then it
Page 3 of 5 of Last Will and Testament of [client name]
VI.
In this Will, the terms "executor" and "testator" are used to refer to both male and female
individuals, in lieu of using the terms "executrix" and "testatrix."
VII.
I appoint my [Relationship of Executor to Testator], [Name of Executor] of [Executor=s County of Res.] County, North Carolina, to be executor of this my last will. If my [Relationship of
Executor to Testator], [Name of Executor], shall predecease me or for any reason shall fail to qualify
as executor hereunder, or having qualified, shall die or resign, then I appoint my [Relationship of
alternate to testator] [Name of alternate executor] of [Alternate=s county of residence] County, , as substitute or successor executor. My executor,
and any successor, shall serve without bond.
VIII.
I give and grant to my Executor and to any successor Executor all of the powers enumerated
in North Carolina General Statutes Section 32-27 and Section 28A-13-3, which powers are hereby
incorporated by reference and shall be considered a part of this Will. These powers are granted
pursuant to N. C. General Statutes ' 32-26 and shall be in addition to and not in limitation of the common law and statutory powers of fiduciaries.
IX.
Except as otherwise directed in this will, whenever the executor or the trustee of any trust
under this will is directed to distribute any money or property to a person who is under twenty-one
Page 4 of 5 of Last Will and Testament of [client name]
distribution to an adult person duly appointed by such executor or trustee as Custodian for such
person under the North Carolina Uniform Transfers to Minors Act.
I, [Testator=s name], the testator, sign my name to this instrument this day of ___________ , [Current year], and being first duly sworn, do hereby declare to the undersigned
authority that I sign and execute this instrument as my last will and that I sign it willingly (or
willingly direct another to sign for me), that I execute it as my free and voluntary act for the
purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under
no constraint or undue influence.
________________________________ [Testator=s name]
We, , and , the witnesses, sign our names to
this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the
testator signs or places her mark before me and executes this instrument as her last will and that she
signs it willingly (or willingly directs another to sign for her), and that each of us, in the presence
and hearing of the testator, hereby signs this will as witness to the testator's signing, and to the best
of our knowledge, the testator is eighteen years of age or older, of sound mind, and under no
constraint or undue influence.
_________________________________ WITNESS
_________________________________ WITNESS
Page 5 of 5 of Last Will and Testament of [client name] STATE OF NORTH CAROLINA
COUNTY OF _________________
Subscribed, sworn to and acknowledged before me by [Testator’s Name], the testator, and
subscribed and sworn to before me by witnesses, , and
, this day of , [current year].
Notary Public
Page 1 of 5 of Last Will and Testament of [client name] [This Will was prepared by the Duke Legal Project, 919-613-7169]
LAST WILL OF
[Testator=s name]
I, [Testator=s name], domiciled in [Testator=s County of residence] County, North Carolina, declare this to be my last will, hereby revoking all wills and codicils heretofore made by me.
At the time of the execution of this Will, my immediate family group consists of my wife, [name of wife] (referred to in this Will as "my wife") and my children, [children’s names]
I.
I direct that all my just debts, my funeral and burial expenses, and the cost of administration
of my estate be paid out of the assets of my estate as soon as practicable after my death.
However, I direct that my Executor may cause any debt to be carried, renewed and refinanced from
time to time and upon such terms as my Executor may deem advisable taking into consideration the
best interest of the beneficiaries hereunder. Provided further that any debts that could be barred by
the applicable statutes of limitation shall not be paid as a debt of my estate.
II.
I direct that all taxes (including any interest and penalties thereon) imposed by any taxing
authority because of my death shall be paid by my executor out of my residuary estate, specifically
including taxes on life insurance and other non-probate assets.
Page 2 of 5 of Last Will and Testament of [client name]
I give to my wife, if she shall survive me, all the tangible personal property which I own at
the time of my death, including motor vehicles. If my said wife does not survive me, I give the same
in shares of equal value among my children who survive me. My executor shall have the sole
discretion to divide the property among my children, taking into consideration their wishes.
I may leave a writing which, although not a part of my will, expresses my desires concerning
the disposition of certain of my tangible personal property. I request, but do not require, that my
wishes as set forth in any such writing be observed.
If, with respect to the above made bequests, to effect delivery of my tangible personal
property to a beneficiary, it becomes necessary to incur expenses of shipment to complete the
delivery, my estate and not the beneficiary who is to receive that bequest, shall arrange for and pay
the costs of shipment incurred in making such delivery.
IV.
I give all the rest, residue and remainder of my estate to my wife, if she survives me. If my
said wife does not survive me, I give all the rest, residue and remainder of my estate in shares of
equal value to my children who survive me. My executor shall have the sole discretion to divide
the property among my children, taking into consideration their wishes.
V.
If any beneficiary and I should die under circumstances as would render it doubtful whether
the beneficiary or I died first, or if any beneficiary should die within thirty (30) days of me, then it
Page 3 of 5 of Last Will and Testament of [client name]
VI.
In this Will, the terms "executor" and "testator" are used to refer to both male and female
individuals, in lieu of using the terms "executrix" and "testatrix."
VII.
I appoint my [Relationship of Executor to Testator], [Name of Executor] of [Executor=s County of residence] County, North Carolina to be executor of this my last will. If my
[Relationship of Executor to Testator], [Name of Executor], shall predecease me or for any reason
shall fail to qualify as executor hereunder, or having qualified, shall die or resign, then I appoint my
[Relationship of alternate to testator], [Name of alternate executor], of [Alternate=s county of residence] County, North Carolina, as substitute or successor executor. My executor, and any
successor, shall serve without bond.
VIII.
I give and grant to my Executor and to any successor Executor all of the powers enumerated
in North Carolina General Statutes Section 32-27 and Section 28A-13-3, which powers are hereby
incorporated by reference and shall be considered a part of this Will. These powers are granted
pursuant to N. C. General Statutes ' 32-26 and shall be in addition to and not in limitation of the common law and statutory powers of fiduciaries.
IX.
Except as otherwise directed in this will, whenever the executor or the trustee of any trust
Page 4 of 5 of Last Will and Testament of [client name]
years of age on the date of such distribution, the executor or trustee shall be authorized to make such
distribution to an adult person duly appointed by such executor or trustee as Custodian for such
person under the North Carolina Uniform Transfers to Minors Act.
I, [Testator=s name] the testator, sign my name to this instrument this ___________ day of ____________________________, [Current year], and being first duly sworn, do hereby declare to
the undersigned authority that I sign and execute this instrument as my last will and that I sign it
willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act
for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and
under no constraint or undue influence.
__________________________________ [Testator=s name]
We, , and ____________________________________, the
witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the
undersigned authority that the testator signs or places his mark before me and executes this
instrument as his last will and that he signs it willingly (or willingly directs another to sign for him),
and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to
the testator's signing, and to the best of our knowledge, the testator is eighteen years of age or older,
of sound mind, and under no constraint or undue influence.
_____________________________________ WITNESS
_____________________________________ WITNESS
Page 5 of 5 of Last Will and Testament of [client name] STATE OF NORTH CAROLINA
COUNTY OF ______________
Subscribed, sworn to and acknowledged before me by [Testator=s name], the testator, and subscribed and sworn to before me by witnesses, __________________________________, and
____________________________this ________day of ________________________,[Current
year].
____________________________________ Notary Public
Carolyn McAllaster, Director Telephone: (919) 613-7169 Allison Rice, Supervising Attorney Toll Free: (888) 600-7274 Fax: (919) 613-7262
HOW TO REVOKE A LAST WILL
You may decide that you would like to revoke or cancel your Last Will. The best way to do it is by signing a new will. Another way to do it is by a physical act, such as destroying your Will, if done with the intent to revoke the Will. The destruction of your will must be done by you or someone in your presence who is directed by you to do so.
NOTE: If you marry or divorce after you have executed your will, please contact an attorney. These actions may change the way your property is to pass upon your death. Also, your desires may have changed.
If you have any questions about how to revoke a will, please do not hesitate to contact us.
Duke Legal Assistance Project Box 90360
Durham, NC 27708-0360 Tel: (919) 613-7169
STATE OF NORTH CAROLINA COUNTY OF _______________