(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, by the surviving spouse's attorney-in-fact if the surviving spouse's power of attorney expressly authorizes the attorney-in-fact to do so or to generally engage in estate transactions, or, with approval of court, by the guardian of the surviving spouse's estate or general guardian.
(b) A waiver is not enforceable if the surviving spouse proves that:
(1) The waiver was not executed voluntarily; or
(2) The surviving spouse or the surviving spouse's representative making the waiver 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; 2009-368, s. 1.)
Article 2.
Dower.
§§ 30-4 through 30-8. Repealed by Session Laws 1959, c. 879, s. 14.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2014–2024 · leading case:
In Re the Est. of Heiman, 761 S.E.2d 191 (N.C. Ct. App. 2014).
In Re the Est. of Heiman, 761 S.E.2d 191 (N.C. Ct. App. 2014).
· cites it 8× “Full and Fair Disclosure The issue for us to consider is a narrow one, but one of first impression in North Carolina: what does it mean for a surviving spouse to be “provided a fair and reasonable disclosure of the property and financial obligations of the decedent” for purposes…”
In re: Cracker (N.C. Ct. App. 2020).
· cites it 6× “The executor objected to this claim, arguing that, under N.C. Gen. Stat. § 30-3.6 , the claim was barred because Petitioner had waived her elective share right in the terms of the MSA.”
In re: Cracker (N.C. Ct. App. 2020).
· cites it 6× “The executor objected to this claim, arguing that, under N.C. Gen. Stat. § 30-3.6 , the claim was barred because Petitioner had waived her elective share right in the terms of the MSA.”
In re: Hayes (N.C. Ct. App. 2024).
· cites it 4× “]” N.C. Gen. Stat. § 30-3.6 (a) (2023). As the MOJ is a contract between the parties, “[t]he object of all interpretation is to arrive at the intent and purpose expressed in the writing, looking at the instrument from its four corners, and to effectuate this intent and purpose…”
— N.C. Gen. Stat. § 30-3.6(a) — 1 case
In re: Hayes (N.C. Ct. App. 2024).
“]” N.C. Gen. Stat. § 30-3.6 (a) (2023). As the MOJ is a contract between the parties, “[t]he object of all interpretation is to arrive at the intent and purpose expressed in the writing, looking at the instrument from its four corners, and to effectuate this intent and purpose…”
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