Life can be simpler in South Carolina than many other places, but that does not mean that death is simpler as well. The passing of a person is always sad, but it can also be complicated for families and other people left behind if the person left no will. This is why adults of all ages should consider the security brought with a good estate plan.
Who is allowed to make a will in South Carolina?
Any adult with the mental ability to make wishes known in a legal forum may make a will. Minors and their assets are considered part of their immediate family for these purposes if they die before adulthood. The person writing a will is referred to as a testator under the law.
Are there forms of wills that are not legally binding?
There was a time that the spoken requests of a person were heeded after their death. This sort of testament, called a nuncupative will, is not legally binding in South Carolina. A handwritten will without legal oversight, often called a holographic will due to its official appearance, is likewise invalid in the Palmetto State unless another state sees it as binding.
How can people get help making a real will?
An attorney is often the best and sometimes only person to call when it is time to consider making a will. Legal representation can turn spoken or written wishes into a legally binding document that will be honored by the government in Columbia as well as by family and friends on the homestead.