NC General Statutes

N.C. Gen. Stat. § 39-6.3 (2026)

Inter vivos and testamentary conveyances of future interests permitted

✓ current as of July 2026

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(a) The conveyance, by deed or will, of an existing future interest shall not be ineffective on the sole ground that the interest so conveyed is future or contingent. All future interests in real or personal property, including all reversions, executory interests, vested and contingent remainders, rights of entry both before and after breach of condition and possibilities of reverter may be conveyed by the owner thereof, by an otherwise legally effective conveyance, inter vivos or testamentary, subject, however, to all conditions and limitations to which such future interest is subject.

(b) The power to convey as provided in subsection (a), can be exercised by any form of conveyance, inter vivos or testamentary, which is otherwise legally effective in this State at the date of such conveyance to transfer a present estate of the same duration in the property.

(c) This section shall apply only to conveyances which become operative to transfer title on or after October 1, 1961. (1961, c. 435.)

Notes of Decisions

Cited in 2 cases, 1963–1987 · leading case: North Carolina Nat'l Bank v. C. P. Robinson Co., 352 S.E.2d 684 (N.C. 1987).

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North Carolina Nat'l Bank v. C. P. Robinson Co., 352 S.E.2d 684 (N.C. 1987). · cites it 15× “N.C.G.S. § 39-6.3 (1984) (emphasis added).”

Poindexter v. Wachovia Bank & Trust Co., 128 S.E.2d 867 (N.C. 1963). “435 (codified as G.S. 39-6.3). This cause is remanded that judgment be entered in accordance with *381 this opinion.”

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