§ 31-4.1. Attorneys as beneficiaries. - North Carolina Statutes

§ 31‑4.1.  Attorneys asbeneficiaries.

An attorney who drafts anattested written will, or a codicil to an attested written will, may not be abeneficiary under that will or codicil, regardless of whether the attorneyreceives compensation for preparing the will or codicil, unless the attorney isa relative of the testator within five degrees of kinship, a present or formerspouse of the testator, or a parent, sibling, or child of the testator'spresent or former spouse. Any bequest or devise to an attorney in violation ofthis section shall be void. A designation of the attorney in a fiduciary roleis neither a bequest nor a devise within the meaning of this section.

An attorney who drafts anattested written will, or a codicil to an attested written will, under whichthe attorney is a beneficiary, shall attach to the will or codicil an affidavitcertifying that the attorney is in compliance with the provisions of thissection.

Nothing in this sectionprevents an attorney from being a beneficiary under a codicil to a will if thecodicil was not drafted by that attorney.

This section becomes effectiveJanuary 1, 2010, and applies to wills and codicils executed on or after thatdate.  (2009‑182,ss. 1, 3.)