NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 106

SENATE BILL 348

 

 

AN ACT TO PROVIDE THAT CERTAIN SECOND OR SUCCESSIVE SPOUSES MAY DISSENT FROM A WILL IF THEY RECEIVE ONE- HALF OF AN INTESTATE SHARE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 30-1(a) is hereby amended by deleting the period following the word "parent" and inserting in lieu thereof the following: ", or"; and is further amended by adding a new subdivision (3) as follows:

"(3)      Is less than the one-half of the amount provided by the Intestate Succession Act in those cases where the surviving spouse is a second or successive spouse and the testator has surviving him lineal descendants by a former marriage and there are no lineal descendants surviving him by the second or successive marriage."

Sec. 2.  This act shall apply to the estates of decedents dying after October 1, 1975.

Sec. 3.  This act shall become effective October 1, 1975.

In the General Assembly read three times and ratified, this the 4th day of April, 1975.