Most people do not haste to complete the last will and testament because they feel that they still have more time to live. But death can strike when you are least prepared, and your family will suffer without a legal testament. South Carolina last will is a vital document that permits an individual to plan the disposition of properties and wealth once they die. It is a critical document that the State recognizes as long as it fulfills all the legal requirements. The owner can instruct the liquidation and distribution of properties equally among the beneficiaries.
What Makes a Will Valid in South Carolina
South Carolina laws (§62-2-502) require the signature of last wills by two credible witnesses, who are aged 18 years and above and are of good mental health to make it valid. Testators must also notarize the document through an authorized legal officer for verification.
According to the State laws, the witnesses cannot be related by blood to the testator to avoid conflict of interest when it comes to naming beneficiaries of the will. It is paramount to notarize your will to certify that no individual will contest your will since you wrote it freely with the right mental capacity.
Download a Printable Last Will Form Online
Searching for a quick way to make a will and ensure continuity of your estate? Make a last will that will guarantee all your wealth does not fall into the wrong hands. Forget the conventional methods of writing a will where you have to visit a law firm and seek consultations. We have a simple and convenient way that will assist you in creating a will within a few minutes. Download our free printable South Carolina last will and testament template from our site and start making significant resolutions about your properties. It is a fillable PDF form that has all the details and instructions you need to complete your document.
Generate your document faster and customize it according to the size of your estate and beneficiaries. With our step-by-step builder, you will generate a high-quality document with all the legal terminologies. It is paramount to resolve your last testament and relax knowing that your loved ones are safe when you pass away.
Completion of a Last Will and Testament Form
Although it is not mandatory to write a will in South Carolina, it is vital since it ensures proper estate distribution to your beneficiaries. Whoever you want to assign a portion of your property is possible with this form.
The first step in drafting a will is to establish the particulars of the testator. There is a section where the creator must fill in essential details, like the name, city of residence, and tax and expense information.
Before writing a will, you must have two credible persons in mind whom you will appoint as the executor. It is critical to have a trusted executor who will ensure all your wishes are granted upon your death. When the primary executor is unable to perform the task, the alternative individual will take over. Ensure that you capture all the particulars of the executors.
When it comes to listing the beneficiaries, you must enter the full names, physical address, relationship, i.e., spouse, child, mother, father, etc., the Social Security Number, and the property bequeathed to each beneficiary.
For the will to be deemed valid, you must have two witnesses 18 years and above. The will must have the names, valid dates, and signatures of all parties involved. An affidavit of statements must be presented with the will for self-proving purposes.
Finally, ensure that an authorized legal officer notarizes your form by affixing a state seal.
Reasons for Challenging a Last Will
In some circumstances, the heirs may challenge a will after the testator’s death. Below are reasons why disputes occur:
- Evidence of unstable mental health and the creator’s legal inability during the process.
- The creator of the will was younger than 18 years.
- The document was not created under the state’s laws.
- The creator was forced to write the testament.