Is a Handwritten Will Valid in North Carolina

When people think about estate planning, most are familiar with the traditional, typed Will that is prepared and executed with assistance from an attorney. To be valid in North Carolina, the Will must be signed by the person making it, witnessed by two uninterested persons who are at least 18 years of age and of sound mind, and be notarized. While rare, North Carolina also recognizes handwritten, or “holographic” Wills. These documents must meet strict legal requirements before they will be considered valid.

What Makes a Will Valid?

To make a valid Will in North Carolina, the person making the Will (the “testator”) must meet the following requirements:

• Be at least 18 years of age
• Be of “sound mind” when signing the Will
• Sign the Will themself or have someone else sign the Will in their presence
• Have the Will witnessed by at least two uninterested, legally competent persons
• Be notarized

Does North Carolina Recognize a Handwritten Will?

North Carolina also recognizes holographic Wills, provided they meet specific requirements. If any of the requirements for a handwritten Will are not met, the Will is invalid. A handwritten Will is more likely to be challenged in court, may be declared invalid, and may not meet the testator’s needs.

Requirements for a Handwritten Will

To be valid in North Carolina, a handwritten Will must meet all of the following requirements:

1. Be entirely in the testator’s handwriting.
2. Signed by the testator.
3. Kept in a “safe place.”

The “safe place” requirement is vague, and a judge will need to evaluate whether the Will was kept in a “safe place” to determine whether it is valid. Examples of a “safe place” to store a Will include keeping it with the testator’s other important documents or in a safe deposit box or fireproof box. Keeping the Will underneath the floorboards with other important documents might even be considered an unconventional “safe place.” Unlike a traditional Will, a holographic Will does not need to be witnessed. However, three witnesses must testify that the Will is written in the testator’s handwriting.

Can a Handwritten Will be Contested?

While a handwritten Will can be valid in North Carolina, it is more likely to be disputed and declared invalid. Family members or other interested parties are more likely to challenge the validity of a handwritten Will, which can lead to a drawn-out and emotional court battle.

Advantages of an Attested Will

Using a handwritten Will should only be considered as a last resort. There is no guarantee the Will meets all legal requirements and is valid, and your loved ones may have a challenging time proving its validity. An experienced North Carolina estate planning attorney can guide you through the process of creating an attested Will and other necessary estate planning documents, and will ensure the estate plan meets your needs and disposes of your assets according to your wishes. A traditional Will is less likely to be contested, which will help expedite the probate process and reduce probate expenses.

Learn More About A Safer Alternative to a Handwritten Will

If you are considering a handwritten Will, consult with an experienced estate planning attorney first. The estate planning team at Carolina Tax, Trusts & Estates, a Department of Van Camp, Meacham & Newman, PLLC, can explain the drawbacks of a handwritten Will and guide you toward a more secure and legally sound alternative.