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1. What are Basic Requirements for a Valid Last
Will and Testament in South Carolina

2. In South Carolina, a Last Will and Testament is an essential legal document that shoul
be drafted as soon as possible. Without a Will, your heirs and beneficiaries will have t
wade through the probate process and it could take months, even years, depending o
the circumstances. In this article, I will explain the legal requirements for a Last Will an
Testament, choice of witnesses to your Will and reasons that may cause a challenge t
your Will in South Carolina.
What are the Legal Requirements for a Valid Last Will and Testament in South
Carolina?
A Will must meet the legal requirements of South Carolina for it to be valid. The Sout
Carolina legislature, under Code of Laws of South Carolina, Title 62 South Carolin
Probate Code, Article 2 Part 5 Section 62-2-502, states:
Except as provided for writings within Section 62-2-512 and wills within Section 62-2
505, every will shall be:
(1) in writing;
(2) signed by the testator or signed in the testator’s name by some other individual i
the testator’s presence and by the testator’s direction; and
(3) signed by at least two individuals each of whom witnessed either the signing or th
testator’s acknowledgment of the signature or of the will.

3. Do the Witnesses to My Will Have to be Family Members in South Carolina?
No. While you can choose anyone you wish to have as a witness, it is generally recommended that th
witnesses be “disinterested,” meaning they are not an heir or beneficiary of the Will. In South Carolina
an “interested” witness (someone who has been named in the Will) witness does not invalidate th
Will.
What are Reasons That Can Cause My Will to be Challenged in South Carolina?
There are a few basic reasons for contesting a Will:
• Challenges may arise based on the mental or legal incapacity of the testator made at the time th
Will was drafted. If the testator was under the age of 18 or did not have the mental capacity t
understand the provisions of the Will, a challenge may ensue.
• If a Will is not witnessed according to South Carolina law for Wills may be held to be invalid.
• A Will may be challenged on the basis of misbehavior by someone other than the testator.
• A Will can challenge by proving that it was obtained by fraud, forgery, or undue influence. Undu
influence is the manipulating of a vulnerable person into leaving all or much of the property to th
manipulator and the testator lacked the free will to bargain. For example, if someone forced or coerce
you to add or remove people from the Will, the probate court may find it invalid.
A Will prevents your children from spending time, sometimes a lot of time, sorting out your assets an
any taxes owed. Distributing your assets to your family as soon as possible after your death will hel
them to avoid financial difficulties and additional emotional stress. Contact the Watts Law Firm an
let’s get started today.