North Carolina Statutes

Chapter 30 Surviving Spouses

§ 30-3.6 Waiver of rights

(a) The right of a surviving spouse to claim an elective share may be waived, wholly or partially, before or after marriage, with or without consideration, by a written waiver signed by the surviving spouse.

(b) A waiver is not enforceable if the surviving spouse proves that:

(1) The waiver was not executed voluntarily; or

(2) The surviving spouse was not provided a fair and reasonable disclosure of the property and financial obligations of the decedent, unless the surviving spouse waived, in writing, the right to that disclosure.

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

Sections:  Previous  30-1 through 30-3  30-3.1  30-3.2  30-3.3  30-3.4  30-3.5  30-3.6  30-4 through 30-8  30-9  30-10  30-11 through 30-14  30-15  30-16  30-17  30-18  Next