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NC S567
Bill
AI Summary
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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.
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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.
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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.
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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.
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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