Are handwritten wills legal in SC? Here’s what the law says
Wills can be a mess.
They’re often used as the driving force for drama in movies and tv shows, but they can be problems in real life too. Relatives can fight over them and they can tear families apart.
And that can happen even when the wills are prepared as properly as possible.
But what if the will in question is a bit unusual, as in, handwritten, either because it’s extremely old or it maybe because it was made at the last minute? Are handwritten wills even legal in South Carolina? And even if there are, there must be some stipulations for them, right?
Here’s what to know about handwritten wills in South Carolina.
Handwritten wills in SC
Even though they may be antiquated, the South Carolina Probate Code states that a handwritten will is valid — but certain conditions and procedures must be followed.
Such procedures include:
- The will shall be in writing
- The will shall be signed by the testator — the person who made the will — or signed in the testator’s name by some other individual in the testator’s presence and by the testator’s direction
- The will must be signed by at least two individuals, each of whom witnessed either the signing or the testator’s acknowledgment of the signature of the will
According to the King Law firm in South Carolina, these stipulations mean that the state does not permit holographic wills — a term that refers to when a person handwrites and then signs his or her own will.
“There must be witnesses,” King Law states.
Also, King Law adds that the two witnesses to the signing of the will must also be unable to benefit from the proceeds of the will.
More SC will law
- A South Carolina will must be filed with the probate court within 30 days of the decedent’s death. Once the will is proven, the executor can start wrapping up the estate — tasks such as paying off debts, protecting property and distributing assets.
- In the absence of a will in South Carolina, a surviving spouse inherits the entire estate unless the couple share descendants. At that point, the spouse and descendants each inherit half. However, if there are no surviving descendants or spouse, then other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.
In South Carolina, not all property can be distributed according to a will. Some exceptions include:
- Life insurance policy and retirement account proceeds
- Property owned in joint tenancy with right of survivorship
- Elective share of surviving spouse
- The surviving spouse (or surviving children if no surviving spouse) is entitled to certain exempt personal property up to a value of $25,000
- A share to surviving children, with some exceptions
- A share to surviving spouse if omitted from will, with some exceptions
