Last Will & Testament Provisions
Generally, our wills contain the following standard provisions:
ARTICLE I: EXECUTOR
In this section you will designate who you wish to serve as the Executor of your estate. Generally, you will want to appoint an initial
executor and one or more successor executors to serve in the event that your initial executor cannot serve. Many people elect to have
their spouse serve as their executor if the spouse survives them and if not, then maybe a son or daughter would act as your executor.
This section also includes the Powers of the Executor. This section grants the broad statutory powers to the executor, including powers
specifically granted to personal representatives of an estate in §28A-13-3(a) of the North Carolina General Statutes and the powers of
fiduciaries that may be incorporated by reference in §§32-26 and 32-27 of the North Carolina General Statutes.
ARTICLE II: PAYMENT OF EXPENSES & TAXES
This section directs your executor to pay your taxes and final expenses. Our standard language also includes authority for your executor
to pay unpaid charitable pledges and for reasonable funeral and burial or cremation expenses. In this section you can also allow your
executor to pay as an expense of the estate for handling/shipping personal property to beneficiaries (as opposed to requiring the
beneficiary to pay such costs). This section also directs your executor to pay all death taxes out of your residuary estate.
ARTICLE III: DISPOSITION OF PROPERTY
In this section of your will you describe how you want to devise your property. This section of your will can be divided into several of the
following paragraphs depending upon your wishes.
1. Memorandum of distribution of tangible personal property. The first paragraph explains to your executor that you may have drafted a
separate memorandum for some of your tangible personal property, which memo would be attached to your will. If you so choose to
draft such a memorandum, you should handwrite the memo, sign it and put it with your original will (in the will envelope). Please note
that your executor is not required to follow your directions in the memorandum, so if you think that your executor would not follow your
wishes you may decide to include such bequests in the specific bequests section described below.
2. Specific Bequests. If you would like to direct that certain items of your property (whether it be tangible personal property, real property
or a lump sum for ex.) be left to certain persons, then you can direct how you want to give and bequeath the property in this section. For
ex., “I give and bequeath my 1978 Ford Mustang to my son, Joe S. Jackson,” or “I give and bequeath the sum of ten thousand dollars
($10,000) to my granddaughter, Lilly Faye Jackson,” or “I give and bequeath my property located at 486 Loggerhead Cir., New Haven, NC
28322 (Lot 3, Section 2, Rolling Dunes Subdivision) to my girlfriend, Sally Mae Jackson.”
3. Bequest of remaining Tangible Personal Property. In this section, you state to whom you give and bequeath all your remaining
tangible personal property.
4. Bequest of residuary estate. In this section you describe how you want to devise and bequest the rest and residue of your property
(whether tangible or intangible, whether real or personal). This provision effectively disposes of all of your property not otherwise
disposed of pursuant to the other paragraphs of this Section.
ARTICLE IV: TRUST FOR MINOR BENEFICIARIES
If it is possible for a person under twenty-one years of age to receive substantial property through your estate (such as a minor child or
grandchild), it is advisable to establish a trust to hold the minor’s property until the child reaches an established age (often 21 or 25) or
at intervals (25% at age 25, 50% at age 30 and the balance at age 35). In this section you will have to designate a person or persons to
act as trustee of the trust (to hold and manage the property for the duration of the trust). The trust provisions generally used gives the
trustee discretion to use principal or interest from the trust for the support and education of the minor beneficiary.
ARTICLE V: GUARDIANSHIP PROVISIONS
If you have minor (or incompetent) children, you should consider naming a guardian for such minor children in the event that you and
your spouse (or the child’s other guardian) both die. North Carolina General Statute §35A-1225 authorizes parents to “recommend a
guardian for any of his or her minor children, . . . “ Such recommendation, while not binding on the Clerk of Courts (who makes the final
determination based upon what he/she deems to be in the best interest of the minor) is given “substantial weight” by the Clerk. N.C.G.
S. §35A-1224(d).
ARTICLE VI: MISCELLANEOUS PROVISIONS & DEFINITIONS
These sections include a presumption of survivorship clause for beneficiaries, hold-back provisions for beneficiaries deemed “not
competent” and definitions of key terms such as “my Children,” “my Spouse” and “my Grandchildren.”
This summary is meant as a mere overview of the sections in our documents. Once you receive the draft copies of your documents,
please read all the language in the documents and let us know if you have any questions about a provision or if you would like to make
changes to any of the provisions.
ARTICLE I: EXECUTOR
In this section you will designate who you wish to serve as the Executor of your estate. Generally, you will want to appoint an initial
executor and one or more successor executors to serve in the event that your initial executor cannot serve. Many people elect to have
their spouse serve as their executor if the spouse survives them and if not, then maybe a son or daughter would act as your executor.
This section also includes the Powers of the Executor. This section grants the broad statutory powers to the executor, including powers
specifically granted to personal representatives of an estate in §28A-13-3(a) of the North Carolina General Statutes and the powers of
fiduciaries that may be incorporated by reference in §§32-26 and 32-27 of the North Carolina General Statutes.
ARTICLE II: PAYMENT OF EXPENSES & TAXES
This section directs your executor to pay your taxes and final expenses. Our standard language also includes authority for your executor
to pay unpaid charitable pledges and for reasonable funeral and burial or cremation expenses. In this section you can also allow your
executor to pay as an expense of the estate for handling/shipping personal property to beneficiaries (as opposed to requiring the
beneficiary to pay such costs). This section also directs your executor to pay all death taxes out of your residuary estate.
ARTICLE III: DISPOSITION OF PROPERTY
In this section of your will you describe how you want to devise your property. This section of your will can be divided into several of the
following paragraphs depending upon your wishes.
1. Memorandum of distribution of tangible personal property. The first paragraph explains to your executor that you may have drafted a
separate memorandum for some of your tangible personal property, which memo would be attached to your will. If you so choose to
draft such a memorandum, you should handwrite the memo, sign it and put it with your original will (in the will envelope). Please note
that your executor is not required to follow your directions in the memorandum, so if you think that your executor would not follow your
wishes you may decide to include such bequests in the specific bequests section described below.
2. Specific Bequests. If you would like to direct that certain items of your property (whether it be tangible personal property, real property
or a lump sum for ex.) be left to certain persons, then you can direct how you want to give and bequeath the property in this section. For
ex., “I give and bequeath my 1978 Ford Mustang to my son, Joe S. Jackson,” or “I give and bequeath the sum of ten thousand dollars
($10,000) to my granddaughter, Lilly Faye Jackson,” or “I give and bequeath my property located at 486 Loggerhead Cir., New Haven, NC
28322 (Lot 3, Section 2, Rolling Dunes Subdivision) to my girlfriend, Sally Mae Jackson.”
3. Bequest of remaining Tangible Personal Property. In this section, you state to whom you give and bequeath all your remaining
tangible personal property.
4. Bequest of residuary estate. In this section you describe how you want to devise and bequest the rest and residue of your property
(whether tangible or intangible, whether real or personal). This provision effectively disposes of all of your property not otherwise
disposed of pursuant to the other paragraphs of this Section.
ARTICLE IV: TRUST FOR MINOR BENEFICIARIES
If it is possible for a person under twenty-one years of age to receive substantial property through your estate (such as a minor child or
grandchild), it is advisable to establish a trust to hold the minor’s property until the child reaches an established age (often 21 or 25) or
at intervals (25% at age 25, 50% at age 30 and the balance at age 35). In this section you will have to designate a person or persons to
act as trustee of the trust (to hold and manage the property for the duration of the trust). The trust provisions generally used gives the
trustee discretion to use principal or interest from the trust for the support and education of the minor beneficiary.
ARTICLE V: GUARDIANSHIP PROVISIONS
If you have minor (or incompetent) children, you should consider naming a guardian for such minor children in the event that you and
your spouse (or the child’s other guardian) both die. North Carolina General Statute §35A-1225 authorizes parents to “recommend a
guardian for any of his or her minor children, . . . “ Such recommendation, while not binding on the Clerk of Courts (who makes the final
determination based upon what he/she deems to be in the best interest of the minor) is given “substantial weight” by the Clerk. N.C.G.
S. §35A-1224(d).
ARTICLE VI: MISCELLANEOUS PROVISIONS & DEFINITIONS
These sections include a presumption of survivorship clause for beneficiaries, hold-back provisions for beneficiaries deemed “not
competent” and definitions of key terms such as “my Children,” “my Spouse” and “my Grandchildren.”
This summary is meant as a mere overview of the sections in our documents. Once you receive the draft copies of your documents,
please read all the language in the documents and let us know if you have any questions about a provision or if you would like to make
changes to any of the provisions.