§ 30-3.6. Waiver of rights. - North Carolina Statutes

§ 30‑3.6.  Waiver ofrights.

(a)        The right of asurviving spouse to claim an elective share may be waived, wholly or partially,before or after marriage, with or without consideration, by a written waiversigned by the surviving spouse, by the surviving spouse's attorney‑in‑factif the surviving spouse's power of attorney expressly authorizes the attorney‑in‑factto do so or to generally engage in estate transactions, or, with approval ofcourt, by the guardian of the surviving spouse's estate or general guardian.

(b)        A waiver is notenforceable if the surviving spouse proves that:

(1)        The waiver was notexecuted voluntarily; or

(2)        The surviving spouseor the surviving spouse's representative making the waiver was not provided afair and reasonable disclosure of the property and financial obligations of thedecedent, unless the surviving spouse waived, in writing, the right to thatdisclosure.

(c)        A written waiverthat would have been effective to waive a spouse's right to dissent in estatesof decedents dying on or before December 31, 2000, under Article 1 of Chapter30 of the General Statutes is effective to waive that spouse's right ofelective share under this Article for estates of decedents dying on or afterJanuary 1, 2001.  (2000‑178,s. 2; 2003‑296, s. 5; 2004‑203, s. 30; 2009‑368, s. 1.)