Legal Question in Wills and Trusts in North Carolina

if a vehicle is in a will is the vin number and other details in the paperwork?


Asked on 11/14/11, 1:52 pm

1 Answer from Attorneys

I'm not sure what you are asking. The will only needs to identify the vehicle and the designated beneficiary if this is a specific bequest. Any item that is not specifically devised in a will passes through the residue clause which is a catch-all provision that basically says whatever else the testator owns is given to the person or persons designated to receive the residue.

So as long as the will adequately describes the car, its finewithout the VIN numbers. I have put VIN numbers in wills before because when describing a bequest, the attorney who drafts the will wants to be as precise as possible. However, only if a person owned two identical vehicles (same year/make/model) would it be helpful to have VIN numbers or license plate numbers or some other description to tell them apart.

However, that's not likely in most cases. One area where you may not want a specific description is where a person has one one car, which they trade in frequently (like every 2 years). In such case, the will might say, "I leave my [year/mamke/model] vehicle or any other vehicle that I own at the time of my death, to [name of beneficiary].

Hope this helps.

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Answered on 11/14/11, 7:13 pm


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