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#Does a will have to be notarized in south carolina code#

Note that South Carolina does not require a will to be notarized, as the law provides for self-proving (but it is strongly recommended).

Amendments to a will must also be witnessed by two individuals (as we looked at in a recent blog)Īn error such as a missing signature can lead to challenges of the validity of the will.

It must be signed by at least two individuals who witness the testator’s signing or the testator’s acknowledgement of signing the will.

It must be signed by the testator, or by someone else in the testator’s name and presence.

#Does a will have to be notarized in south carolina code#

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. What Makes a Will Invalid? Common Challenges to a Will’s Validity in South Carolina