North Carolina § 31-3 - 4. Holographic will.

§ 31-3. 4. Holographic will.

A holographic will is a will that meets all of the following requirements: Written entirely in the handwriting of the testator but when all the words appearing on a paper in the handwriting of the testator are sufficient to constitute a valid holographic will, the fact that other words or printed matter appear thereon not in the handwriting of the testator, and not affecting the meaning of the words in the handwriting, does not affect the validity of the will. Subscribed by the testator, or with the testator's name written in or on the will in the testator's own handwriting. Repealed by Session Laws 2021-85, s. 1(b), effective July 8, 2021, and applicable to estates of decedents dying on or after that date. No attesting witness to a holographic will is required. History (1953, c. 1098, s. 2; 1955, c. 73, s. 1; 2011-344, s. 8; 2021-85, s. 1(b).) Cross References. - As to manner of probate of holographic will, see G.S. 28A-2A-9. Editor's Note. - Session Laws 2021-85, s. 1(c), made the amendments to this section by Session Laws 2021-85, s. 1(b), effective July 8, 2021, and applicable to estates of decedents dying on or after that date. Effect of Amendments. - Session Laws 2011-344, s. 8, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, throughout subdivisions (a)(2) and (a)(3), substituted "the testator's" for "his," or similar language. Session Laws 2021-85, s. 1(b), inserted "that meets all of the following requirements” in subsection (a); repealed subdivision (a)(3), which read: "Found after the testator's death among the testator's valuable papers or effects, or in a safe deposit box or other safe place where it was deposited by the testator or under the testator's authority, or in the possession or custody of some person with whom, or some firm or corporation with which, it was deposited by the testator or under the testator's authority for safekeeping.”; and made stylistic changes throughout. For effective date and applicability, see editor's note. Legal Periodicals. - For case law survey on holographic wills, see 41 N.C.L. Rev. 535 (1963). For brief comment on the 1955 amendment, see 33 N.C.L. Rev. 597 (1955). For note on the problem of after-discovered wills, see 47 N.C.L. Rev. 723 (1969).