NC General Statutes
N.C. Gen. Stat. § 31-61 (2026)
Reformation of will to correct mistakes
✓ current as of July 2026
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The court may reform the terms of a will, if the terms of the will are ambiguous, to conform the terms to the testator's intent if it is proved by clear and convincing evidence what the testator's intent was and that the terms of the will were affected by a mistake of fact or law, whether in expression or inducement. (2017-152, s. 1.)
Notes of Decisions
Cited in 2
cases, 2020–2020 · leading case: In re: Worley (N.C. Ct. App. 2020).
In re: Worley (N.C. Ct. App. 2020). “However, with the adoption of N.C. Gen. Stat. § 31-61 by our General Assembly, courts may consider any clear and convincing evidence to decipher language that is even patently ambiguous, so long as the language is determined to be ambiguous in the first instance.”
In re: Worley (N.C. Ct. App. 2020). “However, with the adoption of N.C. Gen. Stat. § 31-61 by our General Assembly, courts may consider any clear and convincing evidence to decipher language that is even patently ambiguous, so long as the language is determined to be ambiguous in the first instance.”
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