Last Will and Testament for Divorced person not Remarried with Minor Children
Note: This summary is not intended to be an all-inclusive
discussion of the law of wills in South Carolina, but does contain basic
and other provisions. A discussion of handwritten wills is not included.
Who may make a will: A person who is of sound mind
and who is not a minor as defined in Section 62-1-201(24) may make a will.
62-2-501.
Execution: A will shall be in writing, signed by the
testator and shall be signed by at least two persons each of whom witnessed
either the signing. 62-2-502.
Interested witness: No subscribing witness to any will,
testament, or codicil may be held incompetent to attest or prove the same
by reason of any devise, legacy, or bequest therein in favor of such witness
or the husband or wife of such witness, by reason of any appointment therein
of such witness or the husband or wife of such witness to any office, trust,
or duty, or by reason of any charge therein of debts to any part of the
estate in favor of such witness as creditor. Any such devise, legacy, or
bequest is valid and effectual, if otherwise so, but unless there are two
other and interested witnesses then so far as the property, estate, or
interest so devised or bequeathed exceeds in value any property, estate,
or interest to which such witness or the husband or wife of such witness
would be entitled upon the failure to establish such will, testament, or
codicil, such devise, legacy, or bequest is null and void to the extent
of such excess. Any such appointment is valid, if otherwise so, and the
person so appointed, in such case, is entitled by law to take or receive
any commissions or other compensation on account thereof. 62-2-504.
Choice of law as to execution: A written will is valid
if executed in compliance with South Carolina law either at the time of
execution or at the date of the testator's death or if its execution complies
with the law at the time of execution of (1) the place where the will is
executed, or (2) the place where the testator is domiciled at the time
of execution or at the time of death. 62-2-505.
Revocation by writing or by act: A will or any part
thereof is revoked: (1) by a subsequent will which revokes the
prior will or part expressly or by inconsistency; or
(2) by being burned, torn, canceled, obliterated, or destroyed,
with the intent and for the purpose of revoking it by the testator or by
another person in his presence and by his direction. 62-2-506.
Revocation by divorce, annulment, and order terminating marital
property rights; no revocation by other changes of circumstances:
If
after executing a will the testator is divorced or his marriage annulled
or his spouse is a party to a valid proceeding concluded by an order purporting
to terminate all marital property rights or confirming equitable distribution
between spouses, the divorce or annulment or order revokes any disposition
or appointment of property including beneficial interests made by the will
to the spouse, any provision conferring a general or special power of appointment
on the spouse, and any nomination of the spouse as executor, trustee, conservator,
or guardian, unless the will expressly provides otherwise. If provisions
are revoked solely by this section, they are revived by testator's remarriage
to the former spouse. 62-2-507.
Incorporation by reference: Any writing in
existence when a will is executed may be incorporated by reference if the
language of the will manifests this intent and describes the writing sufficiently
to permit its identification. 62-2-509.
Separate writing identifying bequest of tangible property:
A will may refer to a written statement or list to dispose of items of
tangible personal property not otherwise specifically disposed of by the
will, other than money, evidences of indebtedness, documents of title,
securities, and property used in trade or business. To be admissible under
this section as evidence of the intended disposition, the writing must
either be in the handwriting of the testator or be signed by him and must
describe the items and the devisees with reasonable certainty. The writing
may be referred to as one to be in existence at the time of the testator's
death; it may be prepared before or after the execution of the will; it
may be altered by the testator after its preparation; and it may be a writing
which has no significance apart from its effect upon the dispositions made
by the will. 62-2-512.
