NC Law Requiring Name of Drafting Attorney on Wills Clarified
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Effective January 1, 2010 North Carolina law required (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.
These laws are repealed as of July 1, 2010.
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.
