{"id":376271,"date":"2016-03-31T21:36:41","date_gmt":"2016-04-01T02:36:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-carolina-law\/south-carolina-wills-laws.html"},"modified":"2023-04-18T14:25:12","modified_gmt":"2023-04-18T19:25:12","slug":"south-carolina-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-carolina-law\/south-carolina-wills-laws.html","title":{"rendered":"South Carolina Wills Laws"},"content":{"rendered":"\n
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South Carolina Wills Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Thinking about wills, and especially the circumstances that surround them, always feels like a solemn event. But how do wills work, exactly? A will, in the simplest sense, is a legal plan for what will happen to a person\u2019s property after he or she passes away. And while none of us want to think about dying ourselves or losing a loved one, having a plan in place when the inevitable happens is better than not having one. Here in the Palmetto State there are strict regulations on who can create a will<\/a>, how it can be created, and what it can cover. Here are the basics of wills laws in South Carolina.<\/p>\r\n

Wills Laws<\/h2>\r\n

So long as they are of sound mind and not a minor, a person can bequeath their possessions however they see fit, from who gets the family business to who gets the family boat. South Carolina\u2019s will statutes are generally similar to will laws in other states<\/a> in most respects, and do not recognize oral, or non-written, wills.<\/p>\r\n

Wills Laws in South Carolina<\/h2>\r\n

The chart below highlights some of South Carolina\u2019s wills laws.<\/p>\r\n\r\n

Code Section<\/b><\/p>\r\n<\/td>\r\n

South Carolina Code of Laws 62-2-501, et seq.<\/a>: Wills<\/p>\r\n<\/td>\r\n<\/tr>

Age of Testator<\/b><\/p>\r\n<\/td>\r\n

Sound mind and not a minor<\/p>\r\n<\/td>\r\n<\/tr>

Number of Witnesses<\/b><\/p>\r\n<\/td>\r\n

Signed by at least two persons each of whom witnessed either the signing or testator’s acknowledgment of signature or of will.<\/p>\r\n<\/td>\r\n<\/tr>

Nuncupative (Oral Wills)<\/b><\/p>\r\n<\/td>\r\n

No statutory recognition of soldiers’ and mariners’ wills of personalty nor nuncupative wills of personalty.<\/p>\r\n<\/td>\r\n<\/tr>

Holographic Wills<\/b><\/p>\r\n<\/td>\r\n

Impliedly forbidden by statute unless specifically recognized by valid out-of-state execution or out-of-state probate.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Understanding Wills<\/h2>\r\n

Wills laws can seem like a foreign language when we first encounter them, and it seems like we need a translator to understand South Carolina estate planning laws<\/a>. So here are a few definitions that might help clarify things:<\/p>\r\n