Estate Planning

NC Law Requiring Name of Drafting Attorney on Wills Clarified

By Greg Herman-Giddens

As of January 1, 2010  North Carolina law requires (1) that a Will prepared by an attorney contain the name of the attorney as the drafter; and (2) that an attorney who drafts the will of relative with a bequest or devise to the attorney must attach an affidavit stating that he or she is in compliance with the law that prohibits drafting such wills unless the testator is a relative.

As worded initially, it was not clear if failure to comply with the statutes invalidated the Will.  This has been clarified - the law now provides that failure to include the drafting attorney's name or the required affidavit does not invalidate the Will.

Full post as published by North Carolina Estate Planning Blog on August 27, 2010 (boomark / email).