What Is a Last Will and Testament?
South Carolina defines a will as “includes codicil and any testamentary instrument that merely appoints an executor or revokes or revises another will.” (§ 62-1-201(53))
Requirements
To execute a valid will, individuals must:
- The testator must be mentally competent and at least eighteen (18) years old. (§ 62-2-501)
- The will must be signed by two competent witnesses in the testator’s presence. (§ 62-2-502(3))
- The will must be in writing. (§ 62-2-502(1))
Filing
South Carolina does not mandate the filing of wills prior to death. Certain probate courts may offer safekeeping services for a fee.
Sources
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