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South Carolina Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

State:
South Carolina
Control #:
SC-WIL-01400
Format:
Word; 
Rich Text
Instant download

Description Legal Last With

The Will you have found is for a divorced person who has not remarried and who has both minor and adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also establishes a trust for the estate left to the minor children.


This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.

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How to fill out Last Will Testament?

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Last Testament Form Other Form Names

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Legal Will Person FAQ

A Will must meet the legal requirements set forth by the state in order for it to be valid. Most states will also accept a Will that was executed in another state if the document is a valid Will under that state's law.In South Carolina, any person of sound mind and not a minor make a Will.

A will can be contested on the grounds that it was not properly drafted, signed or witnessed in accordance with the applicable requirements. Lack of capacity: Under South Carolina probate law, the person making or changing a will is required to have a certain mental competency for the change to be considered valid.

In simple terms, you can create a handwritten document solely in your own handwriting and signed by you which can serve as your last will and testament. It's important to emphasize that no portion of the document may be typewritten and no witnesses or notaries are required.

Handwritten wills prepared in South Carolina are not legal. However, a holographic will created in another state may be valid in South Carolina.

Signature: The will must be signed by the testator or by someone else in the testator's name in his presence, by his direction. Witnesses: A South Carolina will must be signed by at least two individuals, each of whom witnessed the signing of the will or the testator's acknowledgement of the signature or of the will.

A will and your assets are public information once filed in the South Carolina probate court. A trust is private and prevents your assets from being tied up in the probate process.

A proceeding to contest an informally probated will and appointment if the contest is successful, may be commenced within the later of twelve months from informal probate or three years from decedent's death. These limitations do not apply to proceedings to construe wills or to determine heirs of an intestate.

You can make your own will in South Carolina, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.

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South Carolina Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children