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NC S567

Bill

Status

Passed

7/20/2017

Primary Sponsor

Tamara Barringer

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Creates new Article 10 of Chapter 31 allowing courts to reform wills to correct mistakes if terms are ambiguous and testator's intent is proved by clear and convincing evidence.

  • Permits courts to modify wills to achieve testator's tax objectives in a manner not contrary to the testator's probable intent, with retroactive effect available.

  • Requires reformation or modification actions to be filed in superior court with the personal representative as a necessary party, and bars those filing such actions from later filing caveats to the will.

  • Amends G.S. 36C-4-415 to require trust reformation claims involve ambiguous terms, consistent with the new will reformation standards, and removes jurisdiction provisions from that statute.

  • Effective January 1, 2018, applies to estates of decedents dying before, on, or after that date, and to trust reformation actions filed on or after that date.

Legislative Description

Reform/Correct/Wills and Trusts

Last Action

Ch. SL 2017-152

7/20/2017

Committee Referrals

Judiciary I6/8/2017
Rules, Calendar, and Operations of the House4/27/2017
Rules and Operations of the Senate4/19/2017
Judiciary4/6/2017
Rules and Operations of the Senate4/3/2017

Full Bill Text

No bill text available