If you’ve been around a dead person’s estate that’s been contentious, it’s likely you’ve heard allegations about a Will or Codicil being destroyed by a third party. Presumably that third party didn’t like what was in the will. For example, they got disinherited (a/k/a cut out) or received a smaller percentage.
It’s a crime to destroy a Will. Don’t be carrying out those black Hefty bags too quick, mon frere.
And there are ways to confirm the destroyed will or codicil existed. Oh yes, the document history can be tracked down. So for those of you tempted to destroy a testamentary document, here’s the statute:
NCGS § 14-77. Larceny, concealment or destruction of wills. If any person, either during the life of the testator or after his death, shall steal or, for any fraudulent purpose, shall destroy or conceal any will, codicil or other testamentary instrument, he shall be guilty of a crime.
Kirk Sanders predominantly litigates NC estate matters, will contests (challenges to a last will and testament), trust disputes, and fiduciary litigation cases. Call today to discuss your estate dispute. He represents clients statewide. At least half his cases are attorney referred.
W. Kirk Sanders, Attorney
Hendrick Bryant Nerhood & Sanders, LLP
723 Coliseum Dr. Ste. 101
Winston-Salem, NC 27106
Will Caveats & Fiduciary Litigation – Eminent Domain – Civil Litigation
litigates estate matters, will contests (challenges to a last will and testament), trust disputes, and fiduciary litigation cases]