South Carolina code states that “An individual who is of sound mind and who is not a minor may make a will” with the following basic requirements for validity: With that in mind, today we’re going to look at a few of the most common challenges to the validity of a will in the state of South Carolina. The underlying issue in these cases is almost always the same: the validity of the will. A number of cases having to do with the validity of a will make it as far as the South Carolina Court of Appeals or even the South Carolina Supreme Court every year. They can be, but they can also be a legal minefield. The proliferation of fill-in-the-blank, do-it-yourself wills online may make it seem like last wills are simple documents. It’s the only legal document that speaks for you after you’re gone to ensure your wishes are carried out with respect to your estate. That’s because it’s an extremely important document to have, particularly when you have a large estate or a complicated family situation. We write a lot on this blog about the last will and testament. Remember to add your completed form to your Everplan! See our complete list of resources for South Carolina.What Makes a Will Invalid? Common Challenges to a Will’s Validity in South Carolina Any Person who would have a claim against your estate (persons whom you owe money)ĭownload the South Carolina Health Care Proxy Form Here ( Via South Carolina Department on Aging).A Physician or employee of your Physician.Health Care Proxy) as your agent (proxy) or successor agent.
A Person who is directly financially responsible for your medical care.Your Spouse, Children, Grandchildren, OR Other Lineal Descendants such as: Your Parents, Grandparents, Linear Ancestors, Your Siblings and their lineal descendants or their spouses.Required Information for Naming a Health Care Proxy: Your AND two (2) witnesses' signatures must be Notarized for your SC Advance Directive to be considered valid. If the declarant is a resident in a hospital or nursing care facility at the date of execution of this Declaration, at least one (1) witness is an ombudsman designated by the State Ombudsman, Office of the Governorĭownload the South Carolina Living Will Form Here ( Via South Carolina Bar) No more than one (1) witness is an employee of a health facility in which the declarant is a patient.A person who has a claim against the declarant's decedent's estate.The declarant's attending physician, nor an employee of the attending physician.The beneficiary of a life insurance policy of the declarant.Directly financially responsible for the declarant's medical care, nor entitled to any portion of the declarant's estate upon his decease, whether under any will or as an heir by intestate succession.Related to the declarant by blood, marriage, or adoption either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them.Required Information for the Living Will: Your AND two (2) witnesses' signatures must be Notarized for your SC Living Will for it to be considered valid. Overview: In South Carolina you must fill out two separate forms to have a complete Advance Directive: A Living Will called "Declaration of Desire For A Natural Death" and a "Healthcare Power of Attorney" (a.k.a.
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