NC S568

Establishes new statute § 31-42.3 to prevent ademption (loss) of specific devises in wills unless testator explicitly intended otherwise.

Allows specific devisees to receive unpaid purchase prices, condemnation awards, insurance proceeds, or replacement property acquired by the testator that corresponds to specifically devised property.

Permits specific devisees to receive pecuniary devises equal to the value of disposed property when clear and convincing evidence shows ademption would contradict the testator's distribution plan or intent.

Extends protection to devisees when property is sold or mortgaged by a conservator, guardian, or attorney-in-fact acting for an incapacitated principal, converting the devise to a general pecuniary devise.

Effective January 1, 2018, and applies to estates of decedents dying on or after that date.