A will is not a set-it-and-forget-it document. Under North Carolina law, your will only governs the assets and relationships that exist at the time of your death — not the time you signed it. If your life has changed and your will hasn’t, your family could face confusion, conflict, and costly legal proceedings at the worst possible time.
North Carolina General Statutes provide specific rules for how wills are created, revoked, and updated.
N.C.G.S. § 31-5.1 governs the revocation of written wills. Under this statute, you can revoke a will by executing a later written instrument (such as a new will or a codicil) or by physical destruction (burning, tearing, or otherwise destroying the document) with the intent to revoke.
N.C.G.S. § 31-3.3 establishes the requirements for a valid attested will: it must be signed by the testator and witnessed by at least two competent witnesses.
N.C.G.S. § 31-11.6 allows you to make your will “self-proving” by adding a notarized affidavit at the time of signing. A self-proving will can be admitted to probate without requiring the witnesses to appear in court — an important advantage, especially if years pass between signing and death.
Do not make handwritten changes to a printed will. Writing in the margins, crossing out names, or adding notes will not be honored by a North Carolina court and could create grounds for a will contest. Changes must be made through a formal codicil or a new will, executed with the same legal formalities as the original.
Under N.C.G.S. § 31-5.4, divorce or annulment in North Carolina automatically revokes any provisions in your will that benefit your former spouse. But it does not revoke the entire will — and it does not update your beneficiary designations on life insurance, retirement accounts, or payable-on-death accounts. Those must be changed separately.
If you recently married, your new spouse may have rights to your estate under North Carolina’s elective share statute that your current will doesn’t account for.
Under N.C.G.S. § 31-5.5, a child born or adopted after your will was executed may be entitled to an intestate share of your estate — even if your will leaves everything to someone else. Updating your will ensures your new child is included intentionally, not by default.
If someone named in your will — a beneficiary, executor, guardian, or trustee — has passed away, your will has a gap. North Carolina’s anti-lapse statute (N.C.G.S. § 31-42) may redirect certain bequests to the deceased beneficiary’s descendants, but that might not match your wishes. Name backup beneficiaries and replacement fiduciaries.
This is one of the most overlooked triggers for updating a will. If you’re now serving as caregiver for an elderly parent — or if you’re considering seeking guardianship of an elderly parent in NC — your own estate plan needs to reflect that new reality.
Guardianship proceedings under N.C.G.S. Chapter 35A can be time-consuming and emotionally draining. If something happens to you while you’re your parent’s primary caregiver, your will should address who steps in — both for your parent and for your own family.
Your advance care plan should work alongside your will to cover these scenarios. Without both documents in place, your family could face two simultaneous crises with no guidance.
Buying or selling a business. Receiving an inheritance. Purchasing a new home. Retiring and rolling over a 401(k). Any significant change in your assets means your will should be reviewed.
If you own a business, your will should coordinate with your business succession plan so that ownership transitions smoothly and doesn’t get tangled in probate.
Every state has its own laws governing wills, trusts, and estates. A will that was perfectly valid in Virginia or New York may not align with North Carolina’s specific requirements. If you’ve moved to the Wilmington area, have a North Carolina attorney review your existing documents to confirm they comply with state law.
Falling out with a sibling. Reconciling with a family member. A child’s marriage or divorce. These shifts don’t automatically change your will — but they often change your intentions. Make sure your will reflects who you actually want to receive your assets and serve as your executor.
Even if none of the above events have occurred, a will that hasn’t been reviewed in three years is overdue. Tax laws change. Your priorities evolve. The people you’ve named as fiduciaries may no longer be the best fit. Johnson Legal recommends a review every three years at minimum.
A codicil is a legal amendment to an existing will. It must be signed and witnessed with the same formalities as the original will. Codicils work well for minor changes — updating an executor, adjusting a specific bequest, or adding a new beneficiary.
For major changes, a new will is almost always the better option. A new will should contain an express revocation clause that invalidates all prior wills and codicils. This avoids the confusion that can arise when a court has to reconcile multiple documents.
After signing a new will, destroy all copies of the old will. Keep the original in a secure location and let your executor know where to find it.
Your will only controls assets that pass through probate. Many of your most valuable assets — life insurance, retirement accounts, bank accounts with payable-on-death designations, and property held in joint tenancy — pass outside of probate based on beneficiary designations or account titling.
When you update your will, also review:
These designations override your will. If your will leaves your retirement account to your daughter but the account’s beneficiary form still names your ex-spouse, your ex-spouse gets the money. Period.
If you pass away with an outdated will, your assets may not go where you intended. And if you pass away without a will at all, North Carolina’s intestacy laws under N.C.G.S. Chapter 29 dictate who inherits — regardless of your wishes.
Under intestacy, your unmarried partner gets nothing. Your stepchildren get nothing (unless legally adopted). The state decides who manages your estate and who raises your minor children. That’s not a plan. That’s a default — and nobody likes that default.
A complete estate plan that is reviewed and updated regularly is the single most effective way to provide a soft landing for your family.
If this article hits close to home, you’re not alone. Most people who walk through our door say the same thing: “We should have done this years ago.”
At Johnson Legal, PLLC, we help North Carolina families protect what matters most. Schedule your estate planning consultation today.
Disclaimer: This blog post is provided for informational purposes only and does not constitute legal advice. Every situation is different. For guidance on your specific circumstances, schedule a consultation with a North Carolina estate planning attorney.
Shane T. Johnson is the CEO and Managing Partner of Johnson Legal, an estate planning and business law firm in Wilmington, NC. With years of experience in estate and business law, he has zealously represented clients in various legal matters, including small business formation and purchasing, estate planning, probate, domestic violence, and other legal cases.
Shane received his Juris Doctor from the University of Wyoming and is a member of the North Carolina Bar Association. He has received numerous accolades for his work, including being named among the Best Probate Lawyers in Wilmington by Expertise.com.
