What Is a Last Will and Testament? Why You Need One and How to Avoid Common Mistakes
A Last Will and Testament is one of the most critical legal documents you can have in place, yet many misunderstand its purpose and function. Whether you are drafting your first will or updating an old one, understanding how a will works can save your family from unnecessary stress, legal complications, and unexpected costs.
Attorney Cecil Harvell recently discussed this important topic, addressing common misconceptions and best practices when creating a will.
Do You Really Need a Will?
Yes—without a will, the state of North Carolina determines how your assets are distributed, which may not align with your wishes. A will ensures that:
✔️ Your assets are distributed according to your intentions
✔️ You name an executor to handle your estate
✔️ You plan for contingencies, such as alternate beneficiaries
✔️ You avoid unnecessary legal disputes and delays
Common Misconceptions About Wills
� “I Need to List All My Assets”
Many people believe they must include every bank account, stock, vehicle, and personal possession in their will. However, this is not necessary and can create problems.
Your will should focus on beneficiaries and distribution percentages rather than listing specific assets, as those change over time. Instead, your executor will marshal together all assets and distribute them according to your will.
� “I Should Name Specific Personal Property in My Will”
While it's tempting to name items like family heirlooms or jewelry in your will, doing so can lead to disputes if those items are lost or given away before your passing. Instead, use a separate memorandum to list personal property and update it as needed.
� “Naming One Executor Is Enough”
Selecting an executor is important, but what if your chosen executor is unable or unwilling to serve? It is crucial to name alternates to ensure your estate is handled properly.
� “If My Beneficiary Passes Away, Their Spouse Gets Their Share”
This is a common assumption that is often incorrect. Unless you specifically direct in your will that a deceased beneficiary’s share should go to their spouse, the law may distribute the assets differently.
Legal Requirements for a Valid Will in North Carolina
To be legally valid in North Carolina, a will must:
✔️ Be signed by the testator (the person making the will)
✔️ Be witnessed by at least two people
✔️ Be notarized for extra protection (self-proving affidavit)
Many issues arise when wills are improperly executed, such as signing without the required number of witnesses present. If the signing is not done correctly, the will could be challenged in court or even deemed invalid.
At Harvell & Collins, we never mail wills for clients to sign on their own, as improper execution can lead to costly legal battles.
What If You Have a Will from Another State?
If you’ve moved to North Carolina with a will from another state, don’t assume it’s valid here. While out-of-state wills may be accepted, they often incorporate the laws of the state where they were created, leading to potential legal conflicts. A North Carolina attorney can review your documents and ensure they align with local laws.
Why You Should Work with an Experienced Attorney
Estate planning is not just about filling in names—it’s about ensuring that your wishes are carried out without unnecessary legal complications.
An experienced attorney will:
✅ Help you avoid common drafting mistakes
✅ Ensure proper contingencies are in place
✅ Structure your will to minimize legal challenges and costs
✅ Guide you in estate planning beyond just your will
